
Glass L n > c 7^^ 

Book. 






■ }. 



GENERAL 

PUBLIC SCHOOL LAWS 



OF ALABAMA 



1903 




ISSUED BY 

ISAAC W. HILL 

Superintendent of Education 



CONSTRUCTION OF SCHOOL HOUSES. 

The following is the title of An Act passed by the 
Legislature of Alabama at the session of 1903 : 

To authorize Boards of Revenue and Courts of County 
Commissioners in the several counties in the State of 
Alabama, to cause elections to be held in their respective 
counties, to authorize the issue of bonds for constructing 
or pay debts created for constructing, public buildings, 
INCLUDING SCHOOL HOUSES AND BUILDINGS, 
public roads, and bridgesi, and for such other purposes 
as may be authorized by law; to provide for the manner 
of giving notice of such election, the manner of holding 
same, and the payment of expenses thereby incurred; 
and to authorize the issue of bonds when at such election 
the voters thereat shall decide nn favor of such bond is- 
sue. (See General Acts of Alabama, 1903, page 90.) 



See Page 20, § 3582 of 
GENERAL PUBLIC SCHOOL LAWS OF ALA- 
BAMA, 1903. 



No. 140.) AN ACT (S. 117. 

To amend Sections 8G10 and 3612 of the Code of Ala- 
bama, of 1896. 

Section 1. — Be it enacted by the Legislature of Ala- 
bama, That Section 3610 of the Code of Alabama of 1896 
be, and the same is hereby amended so as to read as fol- 
lows : 3610. County Superintendents Shall Make Pay 



Rolls. — On the fifteenth day of each month the County 
Superintendent of Education shall make in duplicate, for 
each race separately, a payroll, showing the names of all 
teachers engaged in teaching public schools in their coun- 
ties, with their post office address, and the estimated 
amount that will be due to each teacher at the end of the 
current month from the funds of each township and 
range or district in its regular numerical order; and 
shall append thereto an affidavit that the same is correct. 
One of such duplicate pay rolls shall be retained by the 
County Superintendent, and the other he shall forthwith 
forward to the Superintendent of Education, who shall 
examine the same, and if found correct, it shall be ap- 
proved by him and filed with the Auditor. 

Sec. 2.— That Section 3612 of the Code of Alabama of 
1896, be and the same is hereby amended so as to read as 
follows : 8612. Teachers paid and receipts taken. — Im- 
mediately upon the receipt by the County Superintend- 
ent of the amount of the monthly pay roll, he shall pay 
the teachers, taking their receipt therefor on both copies 
of said pay roll, and must by the fifteenth day of each 
month return one copy of such receipted pay roll to the 
Superintendent of Education. Provided, that in case 
any teacher should fail tO' call for the amount due him 
(or her), the County Superintendents of their respective 
counties, shall at the expense and request of said teacher 
mail the said teacher a registered letter or check on 
some bank in their respective counties; for the amount 
due him (or her), provided, that in no case shall the 
County Superintendent pay a teacher or mail him (or 
her), a registered letter or check, unless the said teach- 
er's monthly report, duly certified to, is on file. 

Sec. 3. — That all laws and parts of laws in conflict 
with the provisions of this Act be, and the same are here- 
by repealed. 

Approved March 24, 1903. 



GENERAL 

PUBLIC SCHOOL LAWS 



-OF- 



*>::« ^ L ^ B A^ M: A^ . #«* 



±903. 



ISSUED 



ISAAC W. HILL. 

SUPERINTENDENT OF EDUCATION. 



The Brown Printing Co., 
printers for the state of alabama. 
Montgomery, Ala 
1903. 






DEPARTMENT OF EDUCATION 



Isaac W. Hill. Harry C. Gunnels, 
Superintendent of Education. Chief Clerk. 

W. C. SwANSON and L. G. Dawson, Miss Alma Gassenhkimer, 
Bookkeepers. Stenographer. 



STATE BOARD OF EXAMINERS. 

ISAAC W. HILL, Ex-Officio President. 

WM. F. PEAGIN, Secretary. 

J. NICHOLENE BISHOP. 



1W EXCRAVQn^ 

/jcX.Dept of nt-Ujilf. 



PUBLIC SCHOOL LAWS OF ALABAMA. 



Article I. 

PUBLIC SCHOOL FUND. 

3589. Appropriutions for- public schools. — For llie 
maintenance of a system of public schools througliout 
the State, the following suiiis of money are hereby ap- 
propriated for each scholastic year, to-wit: 

1. The annual interest at six per cent, on all sums 
of money which have heretofore been, or which may 
hereafter be received by the State, as the proceeds of 
sales of lands granted or instituted by the LTnited States 
to the Htiile, or to the several townships thereof, for 
school purposes. 

2. The annual interest at four per cent, on tJiat 
part of the surplus revenue of the United States, de- 
posited ^^■itb the State under the act of congress ap- 
proved .Time 23, 1836. 

3. All the annual rents, incomes and profits, or in- 
terests, arising from the proceeds of sales of all such 
lands as may hereafter be given by the United States, 
or by this State, or by individuals, for the support of 
(he public schools of the State. 

4. All such sums as may accrue to the State as es- 
cheats ; the same to be applied to the support of the 
public schools during the scholastic year next succeed- 
ing their receipt in the State treasury. 

5. The further sum of five hundred and fifty thous- 
and dollars, from any money in the treasury not other- 
wise appropriated. (As amended). 

6. The net amount of poll tax that may be collected 
in the State; the poll-tax collected in each county to 
be retained therein for the support of the public schools 
thereof, and distributed and disbursed as provided in 
this chapter. 



7. x\ll rents, incomes and profits received into the 
State treasury during the scholastic year from all lands 
heretofore donated by the congress of the United States 
foT the support of the public schools, and remaining un- 
sold, which shall be aijplied to the support of the pub- 
lic schools during the scholastic year next succeeding 
their receipt into the treasury. 

S. licenses which are by law required to be paid into 
the school fund of any county; to be promptly paid by 
the judge of probate, or other person collecting the 
same, to the county superintendent of education, and 
to be expended for the benefit of the public schools of 
such county. 

354:0. When ajrprGpriations acd'ue, and placed to 
credit of educational fund. — All such appropriations, 
except the poll-tax, shall accrue to the educational fund 
on the first day of October, in each year; and on that 
day the State Auditor shall place to the credit of that 
fund, on the books in his office, all such amounts as ac- 
crue thereto from the sources in this article mentioned, 
except the poll-tax, for the scholastic year beginning on 
that day. 



Article II. 

GENERAL DESIGNATION OF OFFICERS. 

3541. Officers for adrninistration of public schools. 
For the administration and government of public 
schools in this State, there are the following officers* 

1. The superintendent of education. 

2. A county superintendent of education in each 
county. 

3. Three township trustees in each township. 



Article III. 

SUPERINTENDENT OF EDUCATION. 

3542. (As amended.) Term of office; salary. — The 
superintendent of education liolds office for the term 
of four years from the time of his installation in office, 
and until his successor is elected and qualified, and shall 
receive a salary of two thousand, two hundred and fifty 
dollars per annum, payable in monthly installments, 
on the last day of each month. 

3543. Oath of office and bond. — Before entering up- 
on the duties of his office, he shall take the oath of office 
prescribed by the consftitution, and shall also give bond, 
with sureties to be approved by the Governor, in the 
sum of fifteen thousand dollars, conditioned faithfully 
to discharge the duties of his office so long as he shall 
remain therein, or perform any of the duties thereof; 
and such bond shall be filed in the office of the Secre- 
taiw of State. 

3544. Office and books, papers and records. — He 
shall have an office at the capitol of the State, Avhere 
the bonds, papers and records of his office shall be kept, 
and where he shall give attendance when not absent on 
official business; and it shall be the privilege of all per- 
sons interested to have accessi, at all proper hours, to 
the books, papers and records of the office. 

3545. Clerks ond their salaries. — He is authorized 
to employ four suitable clerks for service in his office; 
and such clerks shall be allowed salaries as follows : 
One, fifteen hundred dollars per year; two, twelve hun- 
dred dollars per year each; one, five hundred dollars 
per year, to be paid as the salaries of other department 
clerks are paid. (As amended.) 

3546. Duties of Superintendent of Education. — The 
duties of Superintendent of Education shall be as fol- 
lows: 



6 

1. He shall devote his time to the care and improve- 
ment of the common schools, and the promotion of pub- 
lic education, and shall exercise a general supervision 
over all the educational interests of the State; and to 
this end, he shall have power to require from the county 
superintendents of education, township trustees of pub- 
lic schools, and all other school officers, all such reports 
and information relating to the educational fund, or 
the condition of schools and management thereof, as he 
mav deem important, or as may be prescribed by law; 
and he may remove from office any such officer for fail- 
ure to make such report, give such information, or dis- 
charge any other official duty. 

2. He shall lannually, as far as practicable, visit 
ever}' county in the State for the purpose of inspecting 
the schools and their management, the accounts of 
county superintendents of education and other school 
officers, and for diffusing as widely as possible, by per- 
sonal address and personal communication, information 
as to the importance of public schools and the best 
method for their management; and he shall encourage 
and assist at organizing and conducting teachers' and 
superintendents' institutes. 

3. He shall make provision for instructing all pupils 
in all schools and colleges supported, in whole or in 
part by public money, or under State control, in hy- 
giene and physiology, with special reference to the ef- 
fects of alcoholic drinks, stimulants and narcotics upon 
the human system. 

4. He shall make provision for instructing all pu- 
pils in all schools and colleges supported, in whole or 
in part, by public money, or under State control, in 
the constitution of the United States and the constitu- 
tion of the State of Alabama. 

5. He shall annually apportion the public school 
fund to the various townships and school dis- 
tricts according to the entire number of children of 
school age and shall see to the proper disbursement of 
the same; and to this end, he shall keep an accurate ac- 
count with all officers who may be custodians or dis- 
bursers of the school fund, or any part thereof. 



6. lie shall prepare all forms, and have printed and 
distributed all such blanks as ma,y be necessary, or as 
may be required by law, in the administration of the 
public scshool system. 

7. He shall furnish the county superintendents and 
other school officers all necessary books for keeping 
their accounts and records, to be and remain public 
property; and he shall prescribe a uniform system of 
keeping such accounts and records. 

8. lie shall take receipts for all such books so furn- 
ished b}^ him to school officers, and such officers shall 
take good care thereof, and turn them over to their suc- 
cessors in office. 

9. He shall keep a debtor and creditor account with 
each township, or other school district, in the State, of 
all funds accruing thereto for educational purposes. 

10. He shall keep an accurate account of the capital 
of all sixteenth-section or other trust funds, to which 
each township or school district may be entitled, show- 
ing whence and when such funds were derived. 

11. He shall preserve in his office all bonds of 
school officers and others required to be filed therein. 

12. He shall cause suits to be instituted and prose- 
cuted against all defaulters to the educational funl, 
and for this purpose may employ attorneys; but he shall 
not have pov/er to contract to pay such attorneys out of 
the educational fund more than ten per centum of the 
amount recovered by them in such suits ; and out of 
such fund he may pay such lawful costs as may be taxed 
against him as superintendent of education, in case he 
is cast in any of such suits. 

13. He shall require and supervise the collection of 
all poll-taxes. 

14. He shall, by correspondence, exchange of offi- 
cial reports, and other proper means, elicit information 
relative to the system of public education in other States 
anrl countries, and disseminate all useful knowledge re- 
garding the same among the county superintendents 
and other school officers in the State. 

15- He shall collect in his office such school-books, 
apparatus, maps, charts and specimens of improved 



8 

school furniture as can be obtained without expense to 
the State. 

16. He shall prepare and have printed, in pamphlet 
form by the public printer, all laws, rules and regula- 
tions pertaining to the public school system; of the State, 
including therein the constitution of the United States 
and the constitution of the State of Alabama, and cause 
the same to be distributed among the county superin- 
tendents of education, and other officers connected with 
the school system, for the information of those inter- 
ested in the educational interests of the State. 

17. He shall hold or cause to be held, within each 
congressional district, one or more teachers' institutes, 
to be conducted by a teacher experienced in and fami- 
liar with the most improved methods of instruction, for 
a term of one week or more during the summer months 
of each year; and for such purpose may, from time to 
time, certify to the auditor the amount, not exceeding 
five hundred dollars in any one year, necessary to de- 
fray the expenses of employing teachers to conduct such 
institutes and instruct the teachers who attend them, 
and ujDon such certificate it shall be the duty of the au- 
ditor to draw his warrant upon the treasurer for such 
sum or sums in favor of the superintendent of education 
as may remain unapportioned in the treasury at the time 
but the sum so expended in any one year shall not ex- 
ceed the amount apportioned and paid for such purposes 
by the trustees of the Peabody Educational Fund in any 
one year. And such sums must be disbursed so as to 
secure the greatest good to the largest number of teach- 
ers in the common schools, and it shall be the duty of 
the superintendent of education to take vouchers there- 
for to be kept on file in his office, and to make an item- 
ized statement in his biennial report as to how and 
to whom said money has been disbursed. 

18. He shall perform such other duties as are, or 
may be prescribed by law. 

8547. Report to governor; contents. — He shall also. 
biennially, on or before the tenth day of October, re- 
port to the governor in writings 



9 

1. A brief history of his labors. 

2. An absitract of the reports received by him from 
the county superintendents of education, exhibiting the 
condition of the public schools. 

3. Estimates and accounts of expenditures of school 
money. 

4. An itemized statement showing how the contin- 
gent fund' of his department, and all other special funds 
or appropriations under his control have been disposed 
of. 

5. Such recommendations as he may desire to make 
for the improvement of the school system, and the care 
and increase of the educational fund. 

G. All such other matters relating to his office and 
to public schools, as he sliall deem expedient to com- 
municate. 

35i8. Report to he printed and distributed. — The 
governor shall, when such report is laid before him, di- 
rect the superintendent of education to have printed 
in the same manner, and upon the same conditions as 
otlier printing is done, during the recess of the general 
assembly, a ssufficient number of copies of the report to 
supply the county superintendents and township trus- 
tees of public schools, and other school officers, and for 
the usual exchange with other States, and with the lead- 
ing cities of the United States; and it shall be the duty 
of the superintendent of education to distribute the same 
as indicated in this section. 

3549. Vacancy filled hy governor; term, etc., of ap- 
pointee.— -If the office of superinltendent of education 
should, at any time, become vacant, by death, resigna- 
tion, or otherwise, the governor shall appoint a suit- 
able person to fill such office for the unexpired terra; 
and such appointee shall give bond and qualify in the 
same manner as if he had been elected for a full term. 



10 
Article IV. 

COUNTY SUPERINTENDENTS. 

3550. Owe elected for each county. — Unless by spe- 
cial act it is otherwise provided, a county superintend- 
ent for eacJi county is elected at each general election 
as provided in this Code. 

3551. Term of office: removal. — The term of office 
of county superintendents who are elected shall com- 
mence on the first day of October next after their elec- 
tion, and the term of those appointed shall commence 
or the first day of October of each odd year; and in 
either case, shall be for two years and until their suc- 
cessors shall qualify ; but the superintendent of educa- 
tion nmy, at any time, for good cause shown, remove 
from office any county superintendent of education, 
whether elected or appointed. 

3552. Oath of offce and bond. — Every county super- 
intendent of education, before entering upon the dut'es 
of his office, must take the oath of office prescribed by 
the constitution, and give bond in an amount to be fixed 
by the superintendent of education, but in no case to be 
less than double the probable amount of money that 
may be in his hands at any one time, with good and 
sufficient sureties, and payable and conditioned as offi- 
cial bonds of other public officers. 

3553. Approval and record of bond. — Such bond must 
be approved by, and, with the oath of office, must be filed 
and recorded in the office of the judge of probate of the 
county; and a certified copy of the bond must also be 
filed in the office of the superintendent of education for 
his approval. 

[Failure to file copy with superintendent of education 
no defense to county superintendent of his sureties, in 
an action for his default. — Reed v. Summers. 70 Ala. 
522.1 



11 

3554. New or additional bond; effect of notice to 
give. — Tlie superintendent of education siiall require of 
any county superintendent of educaition a new or addi- 
tional bond, in the same, or a different amount, as that 
of the original bond, whenever he shall find it necessary 
for the protection of the educational fund of the county ; 
and no county superintendent of educaition, after receiv- 
ing notice to give such new or additional bond, shall 
continue in the discharge of the duties of his offlce 
until such new or additional bond is given. 

3555. Co'mpensation.—Eta.ch. county supetrintendent 
of education shall receive for his services four per cent- 
um on the amount of all the educational fund legally 
disbursed by him, but such per centum must not be taken 
and used by him until after the disbursements have been 
made, and the creclits allowed by the superintendent of 
education. 

3556. His duties. — The duties of each county supetr- 
intendent of education shall be as follows: 

1. He shall have an office at the county site of his 
county, where he must, on the first Saturday of each 
month from the beginning of the scholastic year until 
the close of the public schools for that year, be present 
to transact business with the officers and teachers of 
public schools. 

2. He must receive and take charge of any money, 
funds, property, or proceeds of any character, raised in 
his county by county taxation, or which may accrue 
to him or to the county from any gift, grant, bequest, 
devise, endowment, or otherwise, to be issued in aid of, 
or in connection with money apportioned to his county 
from the educational fund, and shall faithfully keep the 
same, separate and apart from any other funds or prop- 
erty whatsoever; and he shall apportion, distribute and 
pay out all money raised in accordance with this sub- 
division ; but all money, raised by local taxation in any 
school district or incorporated city or town, shall be 
expended for the benefit of the district, city, or toAvn in 
which the money is raised, and by such persons, and in 



12 

such manner as are authorized by the laws of force for 
the control and government of public schools in such 
district, city or town. 

3. Re shall examine into the condition of all school 
funds of his county, including the sixteemth section fund 
and sixteenth section lands unsold in his county; and 
he is authorized and required in the name of the State 
for the use of the township, to bring all necessary suits 
for the recovery of thel possession of such lands, or 
against trespassers, thereon. 

4. He shall, as soon as he receives the annual ap- 
portionment of the educational fund of his county, forth- 
with notify the township trustees of each township of 
the amount apportioned to each township or separate 
school district. 

5. He shall enter in a book or books, kept for that 
purpose, the exact amount and date of all moneys re- 
ceived and paid out by him on account of the educa- 
tional fund of his county, showing by whom or to whom 
paid, and for what purpose, and also the amount of the 
educational fund apportioned to, and distributed in 
each township for each race; and such books shall be 
open to the inspection of all persons interested. 

6. He shall, on or before the thirtieth day of Sep- 
tember of each year, forward to the superintendent of 
education, on blanks to be furnished him by the latter. 
an annual report of the public schools of his county for 
the preceding year, which shall set forth (1) the amount 
of school money received by him from all sources to the 
end of the year, specifying how much was received from 
each source; (2) how much has been disbursed by him 
during such year, for what purpose, and the names of 
teachers tO' whom money has been paid, the time they 
taught, and the total amount paid to each teaeher; (3) 
the amount of funds then in hand for each toAvnship or 
school district in his county; and (4) the manner in 
which, and the extent to which he has discharged the 
duties required by law to be performed by him. 

7. He shall remove from office any township trustee 
when the interest of public education demands such re- 
moval, and he shall fill all vacancies occasioned by re- 
moval from office or otherwise. 



13 



8. He must quarterly, on the first Saturdays in Jan- 
uary, April, July and October of each year, or as soon 
thereafter as practicable, pay the teachers of the public 
schools, upon the certificate of the trustees of the town- 
ship in which the school was taught; and in counties in 
which separate districts have been established by spe- 
cial lawsi, he shall pay over to the officers authorized to 
receive the same their proportionate shares of the school 
revenues at the times above designated. (See Acts Leg- 
islature, 1903.) 

3557. Forfeiture for failure to make annual reports. 
If any county superintendent shall willfully fail to make 
out and forward to the superintendent of education any 
annual report required by this article, within ten days 
after the time it should be made, he shall be liable to a 
forfeiture of his commissions, to be declared by the sup- 
erintendent of education and to removal from office by 
the superintendent of education. 

3558. Books and accounts liable to examination.— 
The books, accounts and vouchers of the county super- 
intendent of education may be examined at any time by 
the superintendent of education in person or by duly au- 
thorized agent. 

3559. Vacancies, how filled; term, etc., of appoin- 
tees. — The superintendent of education shall fill all va- 
cancies in the office of county superintendent of educa- 
tion, by appointment; and such appointee shall hold 
during the unexpired term, and until his successor qual- 
ifies, and shall give bond and qualify as is required of 
an appointee for a full term. 



14 

Article A'. 

TOWNSHIP TRUSTEES. 

(See Acts of Legislature, 1903.) 

3560. Township trustees ajypointed; term of office. — 
Three township trustees for each township or other 
school district in each county, who shall be freeholders 
and householders resident in such township or school 
district, shall be appointed by the county superintend- 
ent of education; and the term of office of all township 
trustees shall commence on the first day of October of 
each odd year and continue two years and until their 
successors shaH qualify. 

3561. E^stahlishment and supervision of schools. — 
The township trustees shall have the immediate super- 
visio'u of the public schools in their township or school 
district, and shall have power to establish, subject to the 
approval of the county superintendent of education, one 
or more schools for either race in such township or 
school district, as rhe public necessit}^ may require. 

3562. Meetings with purewts and guardians; husi- 
ness transacted. — The trustees ini each township shall 
annually, on the last Monday in October, or within 
seven days thereaftei', call a meeting of the parents and 
guardians of the children of their township within tlie 
educational age, and at such meeting they shall, in con- 
sultation with such parents and guardians, and with a 
view to subserve their wishes, interests and convenience, 
transact the following business : 

1. They shall determine the number of schools which 
shall be established in their township for the current 
scholastic year, and shall designate the same by num- 
ber. 

2. They shall fix the location of each school, the time 
of its opening, and the length of the session, which 
shall not be, except as hereinafter provided, less than 
twelve weeks. 



15 

3. Tlie^- sliall, when they establish the school's in 
their township, apportion to each school so established, 
such an amount of the public school revenue apportion- 
ed to the itownship for the current scholastic year as 
they may deem just and e(]uJtable for the equal benefit 
of the children thereof of school age. 
• 4. They shall determine the number and what chil- 
dren shall be transferred from their districts to the 
schools of other districts, and to what districts transfer- 
red, during the scholastic year, and shall set apart such 
an amount of the money apportioned to their district 
to pay for such transferred children as they may deem 
just and equitable; and if it should be deemed imprac- 
ticable to establish in any district a public school for 
the children of either race, on account of the want of a 
sufficient number of such race living within a reason- 
able distance, they shall determine whether any of such 
children can be transferred conveniently to a public 
school in another district, and those that cannot be so 
transferred, and that have actually attended some school 
in this State for the time during which the public 
schools were kept open for the current scliolastic year, 
shall be entitled to the benefits of the amounts appor- 
tioned to their district; and thev shall determine the 
amount to which eacli of such children sliall be entitled, 
and the same shall be paid by the county superintendent 
of education to the parent or guardian of such child, 
for which a receipt shall bel taken as in case of payments 
to teachers. 

5. In those townships in which less than the requi- 
site number of children of school age reside, it shall 
be tlie duty of the township trustees to arrange for the 
teaching of such children in such manner as they may 
deem proper and just, subject to the approval of the 
county superintendent of education, and to pay for the 
tuition of such children in the manner prescribed by law 
out of the school funds apportioned to such township. 

6. Such other business as may be necessary to^ carry 
out the provisions of the law. 

3563. Report after meetinr/. — Thev shall, within ten 
days after such meeting, report to the countv sunerin- 



16 

tendent of education the nnmber and location of the 
schools, the names of the teachers employed, and the 
amount of m|oney apportioned to eaeh school, 

3564. Notice and duration of meeting; effect of fail- 
ure to attend. — Such meeting shall be called by posting 
ten daysi previously thereto, written notices of the time 
and place of meeting, and of the business to be trans- 
acted thereat, in not less than three public places in the 
district; and the township trustees shall have power to 
continue the meeting from day to day until all the 
business has been transacted, and they may adjourn the 
same ito a future- day, not exceeding one week; and if 
the parents and guardians fail to attend such meeting, 
the township trustee shall, in their absence, proceed to 
perform the duties required of them. 

3565. Appeal to county superintendent. — ^An appeal 
may be taken from the decision and action of the town- 
ship trustees had and done at such meeting, to the 
county superintendent of education, who shall notify 
the township trustees of the appeal, and shall appoint 
a day on which to hear and determine the same, and 
whr><> decision shall be final. 

3566. When hut one school in toionsliip, hoiv located; 
chaiuie of location. — When but one school is established 
in a township, it shall be so located as to accommodate 
the largest number of pupils, and to encourage the 
building, of a permanent school house as near the center 
of the township as possible, whenever it can be done 
without material injury or inconvenience to the children 
within the educational age; but such location may be 
chaiiged by the township trustees from year to year, 
in order to provide for those who were not in reach of 
the scliool in previous years; and in +he location of pub- 
lic schools, township trustees must have reference to the 
population and neighborhood, paying due regard to any 
school house already built, or site procured, as well as 
to all other circumstances proper to be considered, so 
as to promote the interest of free public education. 



17 

3567. To what regard must be had in locating schools 
and .employing teachers. — (In locating public schools, 
and employing teacliers, township trustees shall have 
due regard to such communities as will supplement the 
district fund, and to such teachers as will procure and 
teach the greatest number of pupils within the educa- 
tional age ; the object of this section being to encourage 
the building up and maintaining of large schools, which 
shall continue the longest term practicable; but in no 
case shall such communities^ and citizens, as are unable 
and unwilling to supplement the district fund, be de- 
prived of the benefit of the public schools. 

3568. Employing teachers a7ul opening schools, — 
The township trustees shall in no case contract with 
teachers, or open schools until they have definitely de- 
termined the number and location of schools in their 
district, and the amount of money each school shall re- 
ceive from the amount apportioned to the district, nor 
shall they contract for a school of less than three schon 
iastic months, nor less than ten pupils of school age, 
if there are more than that number of each race within 
such age, nor more than fifty pupils to each teacher. 
(Amended 1901. See act below.) 

3569. Execution of contracts loith teachers, contract 
for transferred pupils. — All eontracts with teachers 
shall be in writing, and shall specify the amount to be 
paid per month from the district fund, and shall be exe- 
cuted in duplicate, one of which shall be filed with the 
county superintendent of education for his; approval 
within ten days after it has been signed; and no such 
contract shall be valid without his approval; and the 
township trustees shall also, in like manner, contract 
with teachers for transfered pupils. 

3570. Visits to schools. — The township trustees shall 
visit the school-s in -rflieir district at least once during 
each scholastic vear. 



18 

3571. ivcniorul of teachers; jxiyment of time. — The 
townsliip trustees nvdy, for any cause sufficient in their 
judgment, terminate the contract of, and remove any 
teacher; but such teacher shali be allowed pay for the 
time he taught according to the terms of his contract. 

3572. Register of daily attendance. — The township 
trustees shall require the teachers of public schools to 
keep a register of the daily attendance of the pupils in 
the schools taught by them, and to submit such regis- 
ter to them for their inspection. 

3573. Enumeration of children. — The toAvnship trus- 
tees must, during the month of July of each odd year, 
make an enumeration of all the children, white and 
black, male and female, within the educational age, in 
their township or district and report the same in dupli- 
cate to the county superintendent of education by the 
first day of August following; and the county superin- 
tendent of education shall make to the superintendent 
of education a written report of the several enumera- 
tions made to him by the township tmstees by the 
fifteenth day of August of such year, 

3574. — Ne-to enumeration in certain cases. — If the 
township trustees in any county or township should fail 
in any year to make the enumeration provided for in 
the preceding section, or if the superintendent of edu- 
cation of the State should have reason to believe that 
the enumeration mlade and returned to his office is 
fraudulent or greatly errdneous in any county or town- 
ship, and shall determine that it is for the best interest 
for the public school system that another enumeration 
be made in any county or township, he shall have power 
to procure the making of a ucav enumeration of the chil- 
dren of school age in any county or township, and shall 
pay the expense of making the same out of the fund first 
available and apportioned to the county or township in 
which such new enumeration is made, as the case may be. 

3575. Exemption f)-om road and jury duty and poll- 
tar. — Townshi]) trustees are exempt from road duty. 



19 

jury duty and poll-tax, so long as they shall continue in 
office and perform the duties thereof; and the certificate 
of the county suijerintendent of education shall be evi- 
dence of the fact 



Article. VI. 

TKACHEllS. 

3578. Iitstructioii a<v to the nature of alcoholic drinks 
and narcotics. — Every teacher shall give instruction as 
to the nature of alcoholic drinks and narcotics and their 
effect, upon the human system, and such subject shall 
be taught as regularly as au}- other in the public schools, 
and in every grade thereof. 

3579. How long certificates are valid. — A third-grade 
certificate sliail be valid for two years; a second-grade 
certificate for four years, and a first grade certificate 
for six years, in any county in the State. (As amended.) 

3580. Register kept by teachers and submitted. — Ev- 
ery teacher of a public school must keep' a register of the 
actual daily atendance of the pupils in his school, and 
must submit such register to the township trustees for 
their inspection. 

3581. Quarterly report; not entitled to compensation 
until foricarded. — Every teacher of a public school must, 
within five days after the end of each scholastic quarter, 
forward to the county superintendent of education a 
complete report, setting forth ' the enrollment, attend- 
ance, number of transferred pupils, and from what 
township transferred, the branches taught, and the num- 
ber of pupils in each, distinguishing between male and 
female, and sitating whether a white or colored school ; 
also the monthly pay from school revenue from the 
township in which the school is located, and from trans- 
ferred pupils, stating the township and range from 



20 

whicii tliey are transferred; also the number of days 
taught, the amount due for services from school reve- 
nues of the township, the number of visits* by township 
trustees, and the name and postoffice of the teacher ; and 
such report must be sworn to by the teacher before some 
one of the township trustees, and approved by them; 
and no teacher can draw any pay for services rendered 
by him until he has forwarded his report in accordance 
with tlie requirements of this section. 

3582. To he paid quarterly. — The teachers of public 
schools shall be paid quarterly, on the first Saturdays 
in January, April, July and October, or as soon thereaf- 
ter as practicable. 

( See Acts of Legislature, 1903 . ) 

[Schoolmaster stands in loco parentis and may, in a 
proper case, inflict corporal punishment; but is crim- 
inally liable for an abuse of his authority. — Boyd v. 
State, 88 Alabama 169; McCormack v. State, 102 Ala- 
bama, 156.] 



Article VII. 

BOARDS OF education; TEACHERS^ INSTITUTES. 

3583. Board of education; hoiv constituted; vacan- 
cies. — There siiall be established in each county of the 
State a board of education composed of the county sup- 
erintendent of education, who shall be the president 
thereof, and of two teachers, either in private or pub- 
lic schools of the county, who shall be appointed by such 
superintendent at the beginning of each scholastic year, 
or as soon thereafter' as practicable, and who shall hold 
office during the present scholastic year, and one of whom 
shall be appoinlted secretary; and a majority of the 
board shall be necessary for the transaction of any bus- 
iness. The county superintendent of education shall 
have power to fill all vacancies that may occur in such 
board. 



21 

3584. Meetings of hoard. — Such board shall meet 
quarterly at such times and places as they may desig- 
nate; but may meet oftener when deemed advisable by 
them. 

3588. Cause for cancellation of license. Whenever 
it shall appear to the superintendent of education that 
any teacher to whom a license has been issued has been 
guilty of intemperance, or of unworthy or disgraceful 
conduct, his license shall be cancelled, and his name 
stricken from the registered list of teachers. (Amended). 

3590. Teachers institutes to he organized. — It shall 
be the duty of the board of education in each county to 
organize and maintain therein teachers' institutes, one 
for teachers who are white persons, and one for teachers 
who are colored persons, to be held at such times and 
places as the board may prescribe, but there shall not 
be less than ten licensed teachers in the county of the 
race foi' A^hom such institutes shall be organized. 

3591. Officers and mefnhers of institiites; no fee im- 
posed icithoiit consent. — Tlie county superinitendent of 
education shall be president of such institutes, and the 
members of the board of education shall be the vice- 
presidents thereof, one of whom shall preside over its 
meetings in the absence of the president ; the oither offi- 
cers thereof may be elected. Every teacher of the county 
holding a license shall be a member of the institutes or- 
ganized for his race. But no fee or assessment shall be 
imposed on a member without his consent. 

3592. Meetings of institutes. — There shall not be less 
than three meetings in each year of such institutes, one 
of which shall be held in the month of September, and 
at this meeting an address to the teachers shall be made 
by some person selected by the educational board; and 
teachers holding licenses shall attend at least one of 
such meetings. 

3593. Business of institutes. — The meetings of the 
institutes shall be devoted mainlv to discussions and in- 



22 

structious in regard to the methods of teaching and 
disciplininjg' schools, and to the text-books used, and 
other matters connected with the schools and school 
laws. 



Article VIII. 

districts; SCHOOLS; SCHOLASTIC PERIODS. 

3594. School districts; establishment and supervi- 
sion; capacity to hold property. — Every township, and 
fraction of a township, which is divided by a Staite or 
county line, or any river, creek, or mountain, or other 
barrier rendering intercourse between the dif!'erent por- 
tions of the township difficult, and every incorporated 
city or town having three thousand inhabitants, or more, 
shall constitute a separate school district; and each of 
them shall be under a township superintendent as to 
all matters connected with public schools. Each town- 
ship or other school district, in its corporate capacity, 
may hold real and personal property; and the business 
of such corporations, in relation to public schools and 
school lands, shall be managed by the township or dis- 
trict trustees. (See Acts of Legislature, 1903.) 

3595. Pupils entitled to instruction in piihlic schools 
Every minor over the age of seven years shall be en- 
titled to admission into, and instrnction in any public 
school of his or her own race or color in this State. 

3596. Child, may not attend more thon one school. — 
No child who has attended a public school the number 
of days to which it is entitled as a pupil in that school, 
shall attend another during the same scholastic year, un- 
less by consent of a majority of the trustees of the town- 
ship in which such other is situated. 

3597. When nOn-residents entitled to school privi- 
leges. — Any parent or guardian residing in the State 
who shall pay a local or special school tax on real estate 



23 

valued at Aal' liundred dollars or more, in an}' city, town- 
ship or separate school district, shall be entitled to the 
privileges and benefits of the public schools in such city, 
township or separate school district, for their children, 
the same as parents and guardians resident therein. 

3598. Scholastic periods. — The scholastic year shall 
begin on the first day of October of each year, and end 
on the thirtieth day of September of the following year ; 
tw^enty days shall constitute a school month, and a 
school day shall not be less than six hours, 

3599. Public exa ruinations , and certificates of pupils. 
Public examinations must be held in the public schools 
at least once in every year; and when the board of edu- 
cation shall be satisfied that any pupil has become thor- 
oughly educated in all the branches of free instruction 
in any one of such schools, they shall give to him or her 
a certificate to that effect. 

3600. Separate schools for the tico races. — In no case 
shall it be lawful to unite in one' school children of the 
white and colored races. 



Article IX. 

APPORTIONMENT OF SCHOOL FUND; DISBURSEMENT. 

8601. Auditor certifies amount of educational fund; 
superintendent apportions. — On the first day of October 
of each year, or as soon thereafter as practicable, the 
auditor shall certify to the superintendent of education 
the amount of money which has accrued and been placed 
by him to the credit of the educational fund for the scho- 
lastic year commencing on that day, stating specifically 
the amount derived from each source, and any unex- 
pended balance there may be from the appropriation of 
the previous year to! be carried forward, and the amount 
so certified shall be apportioned by the superintendent 



24 

of education, and be drawn and disbursed as provided 
by law. 

3602. Contingent expenses and amount for normal 
schools set apart; residue apportioned. — As soon as such 
certificate is received by the superintendent of educa- 
tion, he shall set apart out of the general fund a sufficient 
amount to pay such expenses of the department of edu- 
cation as are by law payable out of such fund, and the 
amount necessary to cover the expenses of normal 
schools: and he shall then apportion all the balance of 
such fund as nearly as practicable, ainong the several 
townships and school districts in the State, a,s herein- 
after provided. 

3603. Amoii/iits apport-ioned certified to auditor; no 
warrants d/ra/wn in excess; balance unappartioned cer- 
tified to treasurer. — As soon as such amounts have been 
set apart, and such apportionment has been made, the 
superintendent of education shall certify to the auditor 
the amount set apart for each particular purpose or ap- 
propriation, and the total amount of the apportionment 
to the several school districts in each county, and the 
auditor shall see that no warrants are drawn against 
the educational fund, for any purpose, for any amount 
in excess of the amounts so certified as set apart and 
apportioned; and he shall certify to the treasurer the 
amount of the school revenue, exclusive of poll tax, un- 
apportioned; and he shall certify to the treasurer the 
treasurer shall set apart the amount out of the money re- 
ceived from the taxes of the current year, and he shall 
keep the same separate and apart from all other reve- 
nues, and shall not pay out any of such money except 
upon warrants for school puropses. * 

3604 Interest on sixteenth section or other trust 
fund first set apart: effect of apportionmeiit.—lT\ mak- 
ing the aDportionment of school money to the several 
districts, the superintendent of education shall first set 
apart to each township, or other school district, the 
amount due from the State thereto as interest on 



25 

its sixteenth section fund or olliei- trust fund 
held by the State; and all townships or other 
school districts, having an income from such 
source, or from the lease or sale of sixteenth section 
lands, shall not receive anything out of the balance of 
the educational fund to be apportioned, until all other 
townships or school districts, having no trust fund, shall 
have received from the general fund such amount as 
will give them an equal per capita apportionment with 
the townships or districts having such income. 

3605. Apportionment; basis of, and how made. — 
The superintendent of education shall apportion the ed- 
ucational fund to the respective townships or school dis- 
tricts, subject to the provisions of the preceding section, 
according to the latest official returns of the enumera- 
tion of school population of the townships of other dis- 
tricts, Avhich have been made to his office, and accord- 
ing to the entire number of children of school age in 
each township or school district, but when the township 
trustee? of any township or district have failed to make 
and return the census enumeration of their township or 
district as required by law, and when the superintendent 
of education has not caused a new enumeration to be 
made, the superintendent of education shall make the 
apportionment tO' such township or district, according 
t(. tlie best information he can obtain as to the school 
population of such township. or district; but in no event 
shall he, in case of such failure, estimate the school pop- 
ulation of any such district or township at more than 
the D^imlyor shown by the last official report to tis office. 

3606. Apportionment recorded, and certified to 
conntif sttperini^endents; when contracts for schools in- 
valid. — As soon as! such apportionment is completed, 
the superintendent of education shall have iTic same re- 
corded in his office, in books kept for that purpose, show- 
ing the amount which has been apportioned to each 
school district, and the source or sources from which 
the same was derived, the amount to each district, and 
tlie number of children in the district upon x\liich Ih^ 



26 

apportionmeiit wais based ; and he shall then furnish to 
each county superintendent of education a certified copy 
from such books, showing the dividends of the educa- 
tional fund to each township or district under the lat- 
ter's supervision; and the amount so divided and certi- 
fied shall be the total amount which each of such school 
districts shall be entitled to receive from the State, ex- 
cept the poll tax, during the current scholastic year; 
and no contract to pay for any school or schools for 
any district, more than the amount thus apportioned to 
it, together with such poll tax as it may receive, and 
such funds as may be in hand from any previous year, 
shall be valid against the State or township. 

3607. Poll tax received by each county. — Each coun- 
ty shall receive as school money all the poll tax collected 
therein; and the same shall be its full distributive share 
of the aggregate poll tax collected in the State. 

3608. Each toiunship and 7^ace entitled to its poll-tax. 
Each township or other school district is entitled to re- 
ceive, for the support of the public schools therein, all 
the poll tax raised in and for such township or district ; 
and the county superintendent of education of each 
county and township trustees of each township shall 
see that the amount of poll tax paid by Avhite persons 
shall be applied exclusively to the maintenance of 
schools for white pupils, and that paid by colored per- 
sons exclusively for the maintenance of schools for col- 
ored pupils. 

3609. Amount due each county apportioned and cer- 
tified to auditor. — The superintendent of education shall 
by the tenth day of October in each year, or as soon 
thereafter as practicable, apportion to every county the 
amount of school money such county will be entitled to 
receive for the scholastic year from all sources except 
such special tax, if any, levied for school purposes in 
any county ; and he shall certify the same to the auditor. 

3610. County superintendents shall make pay-rolls. 
On the fifteenth days of March, June. Septembnr and 



27 

December of each year, the county superintendents of 
education shall make in duplicate, for each race sepa- 
rately, a pay roll, showing the names of all teachers 
engaged in teaching public schools in their counties, with 
their postofflce address, and the estimated amount that 
will be due to each teacher at the end of the current 
quarter from the funds of each township and range in 
its regular numerical order; and shall append thereto 
an affidavit that the same is correct. One of such dupli- 
cate pay-rolls shall be retained by the county superin- 
tendent, and the other he shall forthwith forward to the 
superintendent of education, who shall examine the 
same, and if found correct, it shall be approved by him 
and filed with the auditor. 

3611. Auditor shall draic warrant in favor of county 
Superintendent. — The auditor shall, immediately upon 
the receipt of such pay-roll, draw a warrant on the 
State treasurer in favor of the county superintendent of 
each county for a sum which will be equivalent to the 
amount estimated to be due on said pay-roll, and four 
per centum thereon, and shall file said warrant, together 
with the pay-roll upon which it is based, with the treas- 
urer, whereupon it shall be the duty of the treasurer to 
forft-ard by express or exchange, at the expense of the 
State, the amount of such warrant, and the pay-roll and 
duplicate receipts for said sum, including the express 
charge or exchange premium, if any. The county sup- 
erintendent of education must immediately upon receipt 
of said sum, sign the duplicate receipts and return one 
to the treasurer, who shall attach it to the appropriate 
warrant, and the other shall be returned to the au- 
ditor. 

3612. Teachers paid and receipts ^a/cew.— Immedi- 
ately upon the receipt of the county superintendent of 
the amount of the quarterly or monthly pay-roll, he shall 
pay the teachers, taking their receipts therefor on both 
copies of said pay-roll, and must by the fifteenth day 
of January, April, July and October, return one copy of 
such receipted pay-roll to the superintendent of educa- 
tion. 



28 

3613. Auditor must prepare blanks. — The auditor 
must prepare the necessary blank pay-rolls, receipts and 
warrants to be used in carrying out the provisions of 
this article. 

3614. Where teachers are paid monthly. — In those 
counties and separate school districts where teachers are 
required by law toi be paid monthly, it shall be the duty 
of the county superintendent, or the superintendent of 
the separate school district, as the case may be, to make 
out and forward to the superintendent of education on 
the twentieth day of every month, a pay-roll as provided 
in this article, and the superintendent of education, the 
auditor and the treasurer shall each, severally, perform 
all the acts and duties required of them in this article 
asi in other cases. 

3615. Balance in hands of county supeHntendent 
charged to him. — Upon the return of the receipted pay- 
roll to the superintendent of education, if it should ap- 
pear that there is a balance in the hands of the county 
superintendent, the amount of such balance shall be 
charged to him and shall be deducted from the amount 
of the next quarterly or monthly pay-roll, 

3616. County superintendent failing must he re- 
moved. — Any countj^ superintendent, or superintendent 
of any separate school district, who fails to make and 
return any pay-roll required by this article, or who 
fails toi sign and return the receipts herein provided for, 
or who fails to pay the teachers within fifteen days after 
the receipt by him of the money, or who fails to return 
the receipted pay-roll, must be removed from office by 
the superintendent of education. 

3617. Apportionment and expenditure of local school 
money. — All local school funds, raised for the support of 
public schools, by taxation or otherwise, shall be appor- 
tioned f)nd expended in the district or districts in and for 
which the same were raised, under such rules and resfu- 
lations as the township trustees, or other local authority 



29 

provided by law, may prescribe; but this section shall 
not be construed to repeal any provision for the appor- 
tionment and disbursement of the moneys mentioned in 
this chapter, or provided for in special or local laws; 
and all funds contributed by private parties, or other- 
wise, to such district shall be applied as indicated in the 
g-rant from such contributors ; and no school moneys, dis' 
tributed to the variousi counties from the State school 
revenue shall, either directly or indirectly, be paid for 
the erection of school houses, for the use of schoolroom 
furniturei, or any other contingent expenses of schools. 

3G18. Apportionment of income from trust fund when 
townsliip divided. — Whenever a township, which has an 
income from a trust fund, is divided by a State or county 
line, or otherwise, into separate districts^ or includes a 
city which is a separate school district, such income must 
be divided between, and apportioned to each school dis- 
trict in such township according to the school population 
of each. 

3G19. Funds unused for two years apportioned by 
county superintendent. — The county superintendent of 
education shall, in the same manner as the superintend- 
ent of education is required to apportion the general 
school fund, apportion among the school districts under 
his supennsion all funds received by him for any partic- 
ular school district or race which have remained unused 
by such district or race for two years; and he shall 
make a report of such apportionment to the superintend- 
ent of education as soon thereafter as practicable. 

3G20. Fund once apportioned, not used for other pur- 
poses until reapportioned. — Funds which have accrued 
and have been apportioned to any district or race, shall 
not be used for the benefit of any other district or race, 
until the same shall have reverted to the general fund, 
and been reapportioned under the provisions of the last 
preceding section. 

8021 . What part of income neto districts are entitled 
to. — Whenever any separate school district is created, 



30 

whicli shall embrace parts of two or more townships, 
such district shall receive its proportionate share of the 
income from any trust fund belonging to either or botli 
of such townshipsi, according to its school population. 

3()22. ContiiKjent fund for departfncnt of education. 
Tlie State treasurer shall annually set apart, out of any 
money in the treasury not otherwise appropriated, the 
sum of one thousand dollars, as a contingent fund for 
the department of education: and whenever it shall be- 
come necessary to draw on such fund, the superintend- 
ent of education shall certify the amount necessary, and 
for what purj)0se, to the auditor, who shall draw his war- 
rant on the treasurer for such amount. The superintenr- 
ent of education shall keep an accurate account of all 
sums which he shall certify to be paid out of such con- 
tingent fund, and shall furnish an itemized statement 
thereof to the Governor each year, with his annual re- 
port. 

3623. Unexpended part of such fund credited to next 
year. — At the close of each scholastic year, any part of 
the appropriation for the educational contingent fund, 
which may not be then expended, shall be carried for- 
ward by the auditor and superintendent of education, 
and placed to the credit of, and become a part of the one 
thousand dollars appropriated for the educational con- 
tinjient fund of the next sr.cceedins: vear. 



Article 10. 

township corporations. 

3624. Incorporation of townships. — ^The inhabitants 
of each township in the State are incorporated by the 

name of "Township , in range ," according to 

the number of survevs of the United States. 



31 

Article 11. 

SCHOOL lands; lkase and sale. 

3(525. Wfiat are .school lands, and in tchom vested. — 
School lands, within the meaning of this code, are sec- 
tions numbered sixteen, in every township, granted by 
the United States for the use of schools in the township, 
and such other lands as may have been granted to any 
township for the use of schools; and all school lands are 
vested in tlie State, in trust to execute the objects of the 
grant. 

3626. Timher lots reserved. — The township trustees, 
after the surveys and plats provided for in this article, 
may select such lots as they may think proper, to reserve 
from cultivation for the benefit of the timber thereon, 
and must mark the same "reserved" on the plat thereof. 

3627. Other lands leased; terms of lease. — The town- 
ship trustees may lease for not exceeding five years, the 
lots so laid out and not reserved, and may stipulate for 
such improvements as they may deem expedient, and 
may require, if they think proper, security for rents and 
improvements, the rent is to be paid annually, but in 
case of improvements, the.y maj'^ stipulate for the rent to 
oommenco after tlie commencement of the lease. 

3628. Rent payable to the township. — All notes, 
bonds and contracts for the lease of school lands are to 
be made payable to the township by its corporate name. 

3626. Lands rented at puhlic auction; notice. — All 
school lands must be leased, at some place in the town- 
ship at public auction ; and at least six weeks' previous 
notice niust be given by advertisement at three public 
places in the township, designating the time and place; 
and such other notice may be given as the township trus- 
tees may deem expedient. 

3630. Duties of lessee. — The lessee is bound to treat 
the land, houses and improvements in a careful and hus- 



32 

bandmaiilike manner; to commit no waste; and he must 
comply with such further restrictions as the township 
trustees ma}^ deem expedient to insert in the lease; and 
if such lessee, or any person claiming under him, com- 
mits waste, or fails to pay the rent, or to comply with 
any other stipulation in tlie lease, the township trustees 
have the right to declare the lease forfeited. 

3031. I'ivi.hcr lots; hoto used. — The lotsi reserved for 
timber are for the common benefit of the lessees of the 
other lots; but no timber must be cut down, injured or 
destro^'ed, as long as there is sufficient on, the other lots, 
A^liich the township trustees are to determine; and the 
lessees must, in no case, cut down, injure or destroy 
such timber without permission from the township trus- 
tees, which may be given on such terms as they may 
think proper, having due regard for the interest of the 
township. 

3632. Penalty for injuries to timber. — Any person 
who, without authority, cuts down, injures, or destroys, 
any tree on school lands, shall forfeit and pay for every 
such tree ten dollars, to be recovered before any court 
having jurisdiction, in the corporate name of the town- 
ship. 

3633. Fines paid into treasury for school fund. — All 
fines and forfeitures under the preceding section shall be 
paid into the State treasury, and added to the principal 
of the school fund of the township. 

3634. Report of income from school lands. — When 
any part of the sixteenth section or other school lands 
in any township has been rented or leased, it shall be the 
duty of the township trustees to report at once to the 
county superintendent in writing a descriotion of the 
lands, to whom rented or leased, the time when due and 
how the payment is secured. Tt shall be the duty of the 
county superintendent, as soon as this report is received 
by him, to file the same in his office, and to reoort to the 
superintendent of education all the facts contained in the 



33 

report of the township trustees. It shall be the dutj of 
the township trustees when money is paid to them on 
such rentings or leases to report at once the amount, and 
on what account paid, to the county superintendent, 
whose duty it shall be to report the same to the superin- 
tendent of education, being careful to give the number of 
the township and range and for what year the rental or 
lease money was paid. 

3635. Election as to sale of school lands. — The town- 
ship trustees of any township may, on giving twenty 
days' notice by advertisement in three of the most public 
places therein, hold an election to ascertain the sense of 
the township respecting the sale of school lands belong- 
ing thereto, and may appoint the place where such elec- 
tion is to be held; and three inspectors to manage the 
same. 

[Tankersly v. State Bank, 6 Ala. 277.] 

3636. Oath of inspectors of election. — The inspectors, 
before holding such election, must take an oath to con- 
duct the same fairly, which may be administered by one 
to the other; and they may appoint clerks. 

3637. Absence of inspectors. — If any inspectors are 
absent, those present may supply their places, and if 
none attend, any three freeholders or householders of the 
township may act. 

3638. Polls. — The polls are to be opened at eleven in 
the morning and closed at five in the afternoon. 

3639. Manner of votinff. — Voters may prepare their 
own ballots, notwithstanding any general law to the con- 
trary, and must write thereon, "Sale," or "No Sale," and 
deposit them in the ballot box ; and the inspectors, after 
ascertaining the result, must certify the same to the town- 
ship trustees, who must declare the result. 

3640. If majority for sale, survey made, and mini- 
mum price fixed. — If, on such election, a majority of the 

3 



34 

legally qualified voters of the township, voting thereat, 
are in favor of a sale, the township trustees must have 
the lands surveyed and divided into lots so as to com- 
mand the highest price, have a plat of such survey made, 
and, being sworn to fairly value such lots, fix a minimum 
price upon each. 

3641. Plat to he kept open to inspection. — Such plat, 
with the minimum price marked upon each lot, is to be 
kept by the township trustees open "to the inspection of 
all persons desiring to examine the same. 

3642. Notice of sale. — As soon as the lands are sur- 
veyed, the township trustees must give thirty days' no- 
tice of the time and place of sale by advertisenien't at 
three public places in the township and in such other 
mode as they may think proper. 

3643. Sale at pnhlic auction; terms of sale. — On the 
day appointed for the sale, between the hours of eleven 
in the morning and two in the afternoon, each lot must 
be offered separately, and sold at public auction to the 
highest bidder at or above the minimum price. If such 
minimum price is fifty dollars, or under, the sale must 
be for cash ; if the minimum price is over fifty dollars 
but not more than one hundred and fifty dollars, the sale 
must be on a credit of one year, unless the amount bid 
for the lands should exceed one hundred and fifty dol- 
lars, in which event the sale must be on a credit of one 
and two years, in equal annual installments; if the min- 
imum price, or the amount bid for the lands, is one hun- 
dred and fifty dollars, or over, but less than three hun- 
dred dollars, the sale must be on a credit of one and two 
years, in equal annual installments; if the mininmum 
price, or the amount bid for the lands is over three hun- 
dred dollars, but less than five hundred dollars, the sale 
must be on a credit of one, two and three years, in equal 
annual installments; and if the minimum price, or tlio 
amount bid for the lands, is five hundred dollars, or more 
the sale must be on a credit of one, two, three nnd four 
years, in ef]ual annual installments; when the saV is on 



35 

a credit the purchaser must give his notes, with two or 
more sureties, approved by the township trustees, pay- 
able to the State of Alabama, for the use of the township, 
designating it by its number and range, and specifying 
by the legal subdivisions, the -particular portion or por- 
tions of the section for which the notes are given. All 
notes for purcliase of school lands, sold under the pro- 
visions of tliis article, must bear interest at the rate of 
eight per cent, per annum from date. 

3644. Fromsions directory. — The provisions of this 
article in relation to the sale of school lands, must be 
construed as directory only. 

3645. Report of sale, disposition of purchase money 
and notes. — The township trustees, within twenty days 
after such sale, must make return thereo| to the superin- 
tendent of education, specifying the date of the sale, the 
names of the purchasers, the quantity and a particular 
descrixition of the land sold to each, tlie price paid, or to 
be paid, by each purchaser, and the amount of the pur- 
chase money retained to defray the expenses of the sur- 
vey and sale; and they must, at the same time, pay over 
to the superintendent of education all the money which 
may have been received by them as purchase money for 
such lands, aiiter deducting such amount as they may be 
allowed by law to retain to defray the expenses of the 
survey and sale ; and also, at the same time, turn over to 
tlie superintendent of education all notes which may have 
been taken by them for such lands ; and the superintend- 
ent of education must give them a receipt for such money 
and notes, and file the return and notes in his office, 
and make proper records of the notes. 

364G. Resale of lands. — If any purchaser fails to 
make the payment, or to give his notes with approved 
sureties, as required, the land bid off by him must be 
immediatelj^ resold, if practicable, but if it is not prac- 
ticable to make the resale at once, it must be advertised 
and resold at a future day, as if no sale had been made ; 
and the first purchaser shall l>e responsible for the differ- 



36 

unce between his bid and the amount for which the land 
is subsequently sold, if such amount is less than the bid 
of such first purchaser. 

8G47. Certificate of jnirchase. — The township trus- 
tees on receiving from the purchaser the cash payment, 
and his notes for the deferred payments, must give to 
him a certiticate of purchase, describing tlie land pur- 
chased, and showing the number of acres, and the amount 
of the purchase money. 

3648. Effects of certificate of purchase. — Such certi- 
ficate conveys to the purchaser, his heirs, or assigns, a 
conditional estate in fee, to become absolute on the pay- 
ment of the purchase money and interest, and to revert 
to the Stale for the uses originally granted in the follow- 
ing cases: 

1. When all the notes have become due, and the 
makers have left the State, or died insolvent. 

2. When a recovery on such notes is defeated by any 
defense avoiding the contract of sale. 

3. When a recovery is had against all the makers, 
and execution has been returned "no property" by the 
proper officers of the county in which the township lies; 
or when judgment is had, and execution returned against 
any one or more or such makers "no property," and the 
others have left the State, or died insolvent. 

3649. Revesting of title; clerk to certify facts; pen- 
alty for faihire; costs. — No proceeding is necessary to 
revest the title in the State on the happening of the 
events specified in the preceding section, but such lands 
may be recovered in the name of the State;, for the use 
of the township, against any ijerson in possession of the 
same, upon proof of the facts; and it is the duty of the 
clerk of the court in which the suit was pending, or the 
judgment recovered, to certify the facts to the superin- 
tendent of education, on the happening of the events spec- 
ified in the second and third subdivisions of the preced- 
ing section, and failing to do so within a reasonable time 
he forfeits the sum of one hundred dollars; one-half to 



37 

the person suing for the same, and the other to th^ State 
for the use of the township. When no money is recov- 
ered in suits on notes for purchase money of school lands 
no cost must be taxed against the township for such 
suits. 

3650. Compensation to township trustees; penalty 
for certain defaults. — ^For holding the election and mak- 
ing the sale as provided in this article, the township 
trusteesi shall be entitled to two dollars each, which, to- 
gether with the amount which may be allowed by law 
to the county survej^or for making the surveys and plats 
herein provided for, shall be retained by them out of the 
purchase mone^^ for the lands; and purchasers shall, in 
all cases, pay enough cash to defray such expenses; and 
if the township trustees fail to return the sale, or pur- 
chase money notes, or to pay over the money received on 
account of purchase money, to the superintendent of ed- 
ucation, as required by law, he shall forfeit one hundred 
dollars, one-half to the person suing for the same, and 
the other to the State for the use of the township; and 
on the trial, the certificate of the superintendent as to 
such failure is presumptive evidence thereof. 

3651. Fines go to school fund. — The amount received 
by the State upon recoveries, had under the last two pre- 
ceding sections, is to be added to the principal of the 
school fund of the township. 

3652. Patent. — A patent issues, on the payment of 
the purchase money, to the purchaser, his heirs, or as- 
signs, and when the patent is to the heirs, it vests a title 
in all persons entitled to claim in that capacity under 
the provisions of this code. 

3653. Issue of patent by Secretary of State; correc- 
tio7i of mistake. — The Secretary of State must issue pat- 
ents, upon satisfactory evidence furnished him of full 
payment of purchase money, to any person, agent or of- 
ficer, legally authorized to receive such payment; and 
upon proof of a mistake in the issue of any patent, be 



38 

must correct tlie same, or issue a uew pateut on the re- 
turn of the original to his office. 

3654. Issue of patents in other cases. — Except under 
the provisions of Ihe preceding section, no patent must 
issue without the certiiicate of the superintendent of ed- 
ucation that the whole amount of the purchase money 
specified in the certificate, with all interest thereon, has 
been paid. 

3655. Collection of past-due notes. — All notes for 
school lands deposited with the superintendent of edu- 
cation, if not paid within six months after maturity, 
must be placed with the attorney-general for collection ; 
but this section shall not be so construed as to prevent 
the superintendent of education from ordering suit on 
notes at any timle after maturity, when so ordered by the 
township trustees, or the sureties on the notes. 

3656. Appointment of agents for collection of notes. 
The attorney general may appoint agents for the collec- 
tion of such notes, being responsible for any neglect 
on the part of such agents. 

3657. Toionshij) credited toith collections on notes. — 
All collections on notes given for the sale of school lands 
must be paid into the treasury of the State, to the credit 
of the proper township. 

3658. Proceeds of school lands covered into the treas- 
ury; faith and credit of the State pledged for payment of 
interest. — All funds now iui the State treasury derived 
from the sale of sixteenth section or other school lands, 
or which may hereafter accrue from sales of such lands, 
together with the redemption money of other lands in 
which former accumulations have been invested under 
an act approved March 1, 1881, entitled "An act to au- 
thorize the compromise and settlement of claims for 
school lands in this State," are covered into the State 
treasury and made available for general purposes; and 
the faith and credit of the State is pledged for the pay- 



39 

meiit of the interest on such fund to the public schools 
of the State, at the rate of six per cent, per annum. 

3059. Bonds when lands about to he sold are leased. 
When an J township trustees are about to sell or lease 
any school lands, they must give bond with sufficient 
sureties, payable to the State, in a sum to be fixed by 
the county superintendent of education, equal to the 
value of the school lands or the amount of the school 
funds of their township, and with condition to discharge 
their duties faithfully so long as they may continue in 
office or discharge the duties thereof, which bond must 
be approved by the county superintendent of education 
and by him filed in his office. 

3660. By tchom duties as to lands perform when town- 
ship divided. — When a to^^'nship is divided into two or 
more school districts the county superintendent of edu- 
cation, in appointing township trustees in such township, 
shall designate which of them shall discharge the duties 
and exercise the powers conferred upon township trus- 
tees touching the leasing, selling and control of school 
lands in each school district. 



Article XII. 

LEASE AND SALE OF SCHOOL INDEMNITY LANDS. 

3661. Sale of school indemnity lands authorized. — 
The superintendent of education is authorized and em- 
powered toi sell and dispose of all the lands which have 
been heretofore or may hereafter be certified by the 
State for the use and benefit of the several townships in 
which there wasi a deficiency in the amount of land orig- 
inally certified in the State for their benefit, subject to 
the approval of the governor. 

3662. Proceeds of sale; how disposed of. — The pro- 
ceeds arising from such sales, after the pavment of all 



40 

proper costs and expenses thereof, shall be, by the su- 
perintendent of education paid into the State treasury to 
the credit of the townships to wliich the same may be- 
long, in the proportion of their interest therein. 

3663. Notes taken by superintendent of education 
held until paid; ivhen placed with the attorney general. 
All notes taken by the superintendent of education for 
the purchase of such lands must be held by him until the 
same are due, and if not then paid, may be placed with 
the attorney general for collection. 

3664. Manner and terms of sale. — Such sales may be 
made from time to time, at public or private sale, as in 
the judgment of the superintendent of education shall 
best promote the interest of the school fund ot the State, 
and shall be for cash, or part cash and part on time, as 
the superintendent of education and the governor may 
deem best; but in no case shall there be less than one- 
fourth of the purchase money paid in cash, and the re- 
mainder shall be payable in yearly installments to ex- 
tend over a period of not more than three years, and shall 
be secured by notes with sureties to be approved by the 
superintendent of education and shall bear interest from 
the date of the sale. 

3665. Lease of school indemnity lands. — The super- 
intendent of education may, with the approval of the 
governor, lease out any of such lands for a term not ex- 
ceeding five years, or may enter into contracts pprmitting 
persons to mine ore, coal or other minerals therefrom, 
upon a royalty, for a term not exceeding twentv vears ; 
and the net proceeds of all moneys received from the 
lease of such lands, or as a royalty for the minerals 
mined therefrom, shall at the end of each fiscal year be 
paid into the State treasury to the credit of the town- 
shins to which such lands belong, in the proportion of 
their interest therein. 

3666. Prorisiofis anvlicnldf. — The provision*: of the 
preceding article relating to trespasses upon school lands 



41 

resale, certificate of purchase, revesting title, patent, 
and the collection and application of proceeds of sales, 
^pply to sales under this article so far as applicable. 



LAWS NOT IN CODE OF 1890. 

An Act 

To establish a uniform system for the examination and 
licensing of teachers of public schoolsi Approved 
February 10, 1899; amended February 8, 1901. 

Section 1. — Be it enacted hy the general assembly of 
.ilahama. That there shall be constituted a State Board 
of l-^^aminers, to be composed of the Superintendent of 
Education, who shall be president of the Board, and 
two other persons to be appointed by him, who shall be 
teachers of extensive experience and recognized ability. 
The term of office of said board shall be co-equal with 
that of the superintendent of education. 

Sec. 2. (As amended). — Be it further enacted. That 
the said State board of examiners shall meet during the 
months of November and May of each year and shall pre- 
pare questions for the examination of teachers. 

Sec. 3. (As amended). — Be it further enacted, Tha't 
the president of the State board of examiners shall cause 
lists of the questions so prepared to be printed, and shall, 
on or before the 15th day of December and June of each 
year send to each person appointed to conduct examina- 
tions in the counties of the State a sufficient number of 
th(» lists of questions so prepared and printed for the 
(•(mducting of the examinations in their respective coun- 
ties as hereinafter provided; that the questions so sent 
shall be enclosed in a sealed envelope, on the back of 
which shall be plainly written or printed the words, 
^'questions for the examination of teachers." The seal 
of said envelope shall not be broken except as herein- 
after provided. 

Sec. 4. (As amended). — Be it further enacted. That 
the first Mondays in Januarj'^ and July be appointed for 



42 

llie txaDiinatioii of teachers. The examinatiou niaj be 
continued from day to day for three consecutive days, if 
such continuance shall be necessary for the completion 
of the work of examination, but no examination shall be 
bej^un on any other day than the first day mentioned in 
this section. No examination shall be held at any other 
time. Provided, That the State board of examiners may 
hold, at the department of education in Montgomery, spe- 
cial examinations for the benefit of persons who are pre- 
vented from taking the regular examinations by sickness, 
absence from the State, or other unavoidable cause. Each 
person taking a special examination shall pay the State 
board of examiners a fee of five dollars. Special exami- 
nations shall be equal in all respects to the regular ex- 
amination. Provided, further, that in order to accommo- 
date normal school pupils who are required by this act 
to take State examination, the State board of examiners 
may hold at such times and places as they may deem ad- 
visable an examination for these pupils, and at such ex- 
amination the regular fees shall be paid by applicants, 
and no person not a bona fide matriculate of a normal 
school shall be admitted to the examination. 

Sec. 5. (As amended). — Be it furtJier enacted^ That 
the regular examination shall be conducted in each 
county by the county superintendent of education of the 
same, unless for good and substantial reasons the said 
State board of examiners shall deem it best to select for 
this service another person appointed for that purpose 
by the State hoard of examiners, and if he shall be un- 
able, by reason of sickness, or other unavoidable neces- 
sity to conduct the same, then by some other competent 
person appointed for that purpose by him. Said ex- 
amination shall begin at 10 o'clock a. m., of the day ap- 
pointed by section 4 of this act at which hour the person 
appointed to conduct the examination shall, in the pres- 
ence of the applicants' for the examination, break the seal 
of the envelope containing the lists of questions, and 
shall distribute the questions among the applicants. All 
the applicants shall undergo the examination in the same 
room, or in sight of the person appointed to conduct the 
examination. Provided, that the provisions of this act^ 



46 

referring to the special examination of normal school 
students shall apply only to those who had graduated 
prior to the passage of this act. 

Sec. 6. (As amended). — Be it further enacted, That 
each applicant for examination shall, before entering 
upon the examination, deposit with the person appointed 
to conduct the examination an examination fee as fol- 
lows : An applicant for a third grade certificate, a fee 
of one dollar; an applicant for a second grade certificate, 
a fee of one and one-half dollars; an applicant for a first 
grade certificate, a fee of two dollars; an applicant for a 
life certificate, a fee of three dollars. The fees received 
from the examination of teachers at regular examinations 
shall be paid into the State treasury to the credit of the 
educational fund, and the State auditor shall, on the re- 
quisition of the superintendent of education, issue war- 
rants on the State treasurer to be paid out of the edu- 
cational fund, for the purpose of carrying out the pro- 
visions of this act, such as the payment of expenses for 
postage, for expressage, for clerk hire, for State 
board of examiners only; for the per diem of 
the State board of examiners, for paying county 
conductors and for other incidental expenses in- 
curred in carrying out the provisions of this act. The 
appointed members of the State board shall receive five 
dollars per day, including Sundays, for the time they are 
engaged in conducting the examination of teachers under 
this act. The county superintendent or person appointed 
to conduct the examination in each county shall receive 
ten dollars for his services in conducting each examina- 
tion. Provided that as the available educational fund 
was apportioned October 1, 1900, an amount equal to 
the balance after deducting the expenses received from 
the examination fees since March 1, 1899, shall be im- 
mediately available from the educational fund for the 
purpose of paying the expenses provided for in this act. 

Sec. 7... Be it further enacted, That teachers on ex- 
amination shall not be permitted to sit near enough to 
each other to read each other's papers, and no teacher 
on examination shall receive any assistance from any 
person, or by reference to any book, map, chart or from 



44 

any source, and noi person shall be licensed to teach who 
?^hall endeavor to procure any assistance. And each 
teacher so examined shall, upon the completion of his 
examination, sign a statement that he has not received 
any assistance in said examination from any source; 
which statement shall be kept on file by the county sup- 
erintendent of education. 

Sec. 8. (As amended). — Be it further enacted, That 
unless the applicant is known to the person appointed to 
conduct the examination to be of good moral character, 
or shall make satisfactory proof of the same, which proof 
shall be in writing, he shall not be admitted to the ex- 
amination. Any one who habitually uses profane lan- 
guage or intoxicants shall be deemed of immoral char- 
acter. 

Sec. 9. (As amended). --Be it further enacted. That 
there shall be grades of teachers' certificates, besides the 
life certificate hereinafter provided, to be known as cer- 
tificates of the first, second and third grades, each of 
which must show the branches in which the holder has 
been examined, his relative attainments therein and his 
general average. In no case shall an applicant for a 
certificate receive the same who fails to answer fifty per 
cent, of the questions propounded in any branch and 
whose general average is below seventy-five per cent. 
Every teacher in the public school must obtain a cer- 
tificate prior to his employment. 

Sec. 10. — Be it further enacted, That applicants for 
third grade certificates shall be examined in the follow- 
ing branches : Orthography, reading, penmanship, 
grammar, practical arithmetic through fractions, pri- 
mary geography, and the elementary principles of physi- 
ology and hj^giene ; and applicants for second grade cer- 
tificates shall be examined in all the foregoing branches, 
and also in practical arithmetic, history of Alabama, 
historj'^ of the United States, English grammar and com- 
position, and intermediate geography; and appUcants for 
first grade certificates shall be examined in all the fore- 
going branches and also in algebra, natural philoso- 
phy, geometry, the school laws of Alabama, and theory 
and practice of teaching. 



45 

Sec. 11. — Be it further enacted, That in all examina- 
tions under this act the answers shall be Avritten on le- 
gal cap paper with pen and ink. The subject or branch 
s'hall be plainly written at the top of the page, and the 
answers shall be numbered to correspond with the ques- 
tions. 

Sec. 12. (As amended). — Be it further enacted, That 
when an applicant shall have completed his examination 
he shall write his name and address on each paper of the 
same, and deliver the same to the person appointed to 
conduct the examination, w^ho shall enclose the papers of 
each applicant in a separate envelope, together with his 
certificate of good moral character of the applicant or 
the written proof of the same, on which he admitted the 
applicant to examination, and shall transmit the same to 
the Secretary of the State Board of Examiners without 
delay. 

Sec. 13. — Be it further enacted, That the State Board 
of Examiners shall examine the papers coming to it un- 
der the provisions of the preceding section, as expedi- 
tiously as possible, and shall mark upon each paper the 
teachers' grade in that branch according to the correct- 
ness or approximate correctness of the answers, 
and if, upon such examination, it appears that 
the applicant is entitled to receive a certificate, 
the Secretary of the board shall prepare a certifi- 
cate in conformity with section 9 of this act. Said cer- 
tificate shall be signed by the Secretary of the State 
Board of Examiners and the Superintendent of Educa- 
tion and shall be transmitted to the teacher entitled to 
the same. 

Sec. 14. (As amended). — Be it further enacted, That 
all examination papers shall be kept on file in the office 
of the Superintendent of Education subject to public in- 
spection for six months. That any person who purloins, 
steals, buys, receives, sells, gives or offers to buy, give 
or sell any examination questions or copies thereof be- 
fore the date of the examination for which they had been 
prepared, shall be guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than one hun- 
dred dWfirs, and may al^^o be sentenced to hard labor for 
the countv for not less than six months. 



46 

Skc. 15. — B( it further unacted, That certificates 
granted under the provisions of this act shall entitle their 
holder tu teach in the public schools of any county in 
this State for the following periods of time: A third 
grade certificate, two years; a second grade certificate, 
four years; and a first grade certificate, six years from 
the date of issuance of the same. 

Sec. 16. (As amended). — Be it further enacted^ That 
no teacher shall be granted a second grade certificate 
more than twice. 

Sec. 17. — Be it further enacted, That whenever any 
teacher applying for a certificate shall make proof that 
he has been engaged for ten years in teaching under first 
grade certificates, which proof the county superintend- 
ent of education shall transmit to the State Board of 
Examiners, and shall show a high degree of proficiency 
and professional attainment, such teacher may be granted 
a life certificate, signed as prescribed for other certifi- 
cates; Provided, that any teacher holding a life certifi- 
cate shall forfeit the same by leaving olf the business 
of teaching for five consecutive years. 

Sec. 18. — Be it further enacted, That tlie Superintend- 
ent of Education shall have the power, and it is hereby 
made his duty to revoke the certificate of any teacher 
who shall be guilty of immoral conduct, or unbecoming 
or indecent behavior. 

Sec. 19. (As amended). — Be it further enacted. That 
the Secretary of the State Board of Examiners is hereby 
required to keep a. register of all teachers examined and 
licensed under this act, showing the name and postolfice 
address of each teacher and the date and grade of his 
certificate, and keep the same on file in the office of the 
State Superintendent of Education, and he shall devote 
his time, when not engaged in the work of examining 
teachers, to clerical work in the department of educa- 
tion. 

Sec. 20. (As amended). — Be it further enacts, That 
the provisions of this act as to the time of holding ex- 
aminations shall not bei effective until the finst day of 
x4.pril, 1901; provided, that the provisions of this act 
•hall not be construed as to apply to separate school dis- 



4/ 

tricts of two thousand inhabitants or more, having au- 
thority at present by their charters to examine their 
teachers. 

Skc. 21. (Asi amended). — Be it further enacted, That 
ali laws and parts of laws, both general and special, in 
conflict with the provisions of this act, are hereby re- 
pealed. 



KLLES OF THE STATE BOARD OF EXAMINERS. 



(These rules are based on the Attorney G-eneral's in- 
terpretation of the law.) 

First. — The provisions of the examination law do not 
appdy to separate school districts of two thousand inhab- 
itants or more, having authority February 8, 1901, by 
their charters to examine their teachers. 

Second. — Teachers in State schools, acting under spe- 
cial charters giving exclusive control of such school to 
their boards of trustees, are not subject to examination, 
unless the schools shall receive township or district 
funds, in which case those who teach any of the com- 
mon school branches and those who share in the distri- 
bution of the township or district funds shall procure a 
certificate. 

Third. — All teachers in the public schools of the State, 
regardless of diplomas held, except those exempted by 
rules 1 and 2, are subject to examination. 

Fourth. — All teachersi in the public schools of the 
State, whether principals or assistants, must hold cer- 
tificates at the time they begin teaching. Contracts con- 
ditioned on the teacher's procuring a certificate at a sub- 
sequent examination are illegal, and public funds paid 
under them will be charged to the county superintend- 
ent. 

Fifth. — Applicants for first or second grade certifi- 
cates failing to make the necessary percentage to obtain 
a certificate in the gTade applied for, but making the 
requisite percentage in the branches required for a lower 
grade certificate, may be granted such lower grade cer- 
dficate. 

Sixth. — Teachers who procure a low grade certificate 
may apply for a hiaher grade certificate at any subse- 
quent examination, but must take the full exnmination 
of the grade for which they apply ; Provided, that teach- 



49 

ers who hold second grade certificates may apply for first 
grade by taking an examination in algebra, geometry, 
physics, tlieory and practice of teaching, and school laws 
of Alabama. In every instance the second grade certi- 
ficate must be filed with the examination papers. Should 
such applicant fail to make a first grade certificate, a 
special examination at Montgomery for a lower grade 
certificate may be allowed. 

SeA^enth. — Applicants who were prevented from tak- 
ing the last regular examination on account of sickness, 
absence from the State, or other unavoidable cause, may 
be allowed a special examination at Montgomery, for 
which a fee of five dollars is required. Application 
blanks for the special examination will be furnished by 
the Department of Education upon request. 

Eighth. — Whenever there is evidence from the papers 
that applicants have been in communication or that as- 
sistanance has been obtained from any source, the appli- 
cations of all parties concerned will be rejected. 

Ninth. — Teachers who have taught ten years under a 
first grade certificate in Alabama, and who shall show 
a high degree of proficiency and professional attainment 
may be granted a first grade certificate for life. The 
proof of time taught shall be furnished the State Board 
of Examiners, through the county superintendent, and 
may be made as followsi : 

a. By exhibiting to tbe State Board of Examiners 
their former licenses. 

b. By afSdavit from the applicant that he has held 
a first grade license for ten years. 

PROOF OF PROFICIENCY AND PROFESSIONAL ATTAINMENT. 

An applicant for a life certificate, as evidence of pro- 
ficiency and professional attainments, shall, at the time 
of the regular examination, through the county super- 
intendent, furnish to the State Board of Examiners ; 

a. A sketch not exceeding five hundred words in 
length of his school work the last ten years. 

b. A thesis on some subject pertaining to the theory 
and practice of teaching, not exceeding six hundred 

4 



50 

words in lengtli. The subject for said thesis shall be 
assigned by the State Board of Examiners als questions 
are assigned to other applicants. 

c. Testimonials frohi three educators of recognized 
standing that he has a good character, and has shown a 
high degree of proficiency and professional attainment. 

Tenth. — In the future the State Board of Examiners 
will not grant a life certificate to an applicant whO' has 
not taught since February 10, 1899; or, to one who has 
been granted a lower grade than that of a first grade cer- 
tificate! since that time, unless at some subsequent exam- 
ination the applicant was granted a first grade certifi- 
cate. 



INSTKUCTIONS KEGARDING EXAMINATION 

LAW. 



Examinations will be held in each county of the State 
beginning on the first Monday in January and July and 
may continue three days. Regular examinations will be 
held at no other time. 

1. It is the duty of the State Board of Examiners to 
prepare questions and furnish them to county superin- 
tendents, to examine and grade the papers and to issue 
certificates to teachers. 

2. On the day set for the examination, the county 
superintendent shall at 10 o'clock a. m., in the presence 
of the applicants, break the seal of the package contain- 
ing the questions. He shall, unless some other person 
has been appointed by the State Board of Examiners, 
conduct the examination, unless he shall be unable to 
do so by reason of sickness or other unavoidable neces- 
sity, in which case the examination shall be conducted 
by soane competent person appointed by him. All ap- 
plicants shall undergo the examination in the same room, 
or in sight of the superintendent or other person ap- 
pointed by him to conduct the examination. (Two 
rooms with connecting door or doors may be used). The 
sum of ten doUare is allowed each county superintend- 
ent for conducting the examination. 

3. No applicant shall sit near enough to another to 
read his paper. No applicant that receives, gives or en- 
deavors to procure or give assistance directly or indi- 
rectly will be granted a certificate, and it is the duty of 
the county superintendent or other person appointed to 
conduct the examination to advise the State Board of 
Examiners if this rule is violated. 

4. Unless the applicant is known to the county sup- 
erintendent of education to be of good moral character, 
he shall make satisfactory proof of the same in writing 
and without such proof he shall not be admitted to exam- 



52 

i nation. An}^ one who habitually uses profane language 
or intoxicants is, by the laAV, deemed of immoral char- 
acter. The proof submitted by the applicant or the 
county superintendent's, certificate must accompany the 
examination report. 

5. When the examination is completed, each appli- 
cant shall sign a certificate that he has neither given nor 
received any assistance in the examination ; which state- 
ment shall be kept on file by the county superintendent. 

6. AnsAvers must be written on legal cap paper with 
pen and ink. (All stationery to be furnished by the 
applicant). That the paper in each county may be uni- 
form in size, color, quality, etc., each county superintend- 
ent is advised to proc-ure a supply and furnish it to teach- 
ers at a reasonable price. 

The subject or branch must be plainly written at the 
top of the page, and each answer numbered to correspond 
with the question. On each paper of his examination the 
applicant must write his name and address. When the 
examination is completed the county superintendent 
must immediately forward the papers to the Secretary 
of the State Board of Examiners, at Montgomery. The 
papers of each applicant must be in a separate envelope 
and sealed, on which should be written his full name, 
address, color, and for what grade appljdng. County 
superintenclentsi will be allowed to deduct from fees re- 
ceived the amounts necessary to- send papers to Secretary 
of Board. 

7. The county superintendent or examiner must make 
out a list of all applicants and place opposite the name 
of each applicant the grade applied for, color and sex af 
the applicant. This list must he sent under separate 
cover to the Secretary of the Board of Examiners. 

8. Applicants shall, before starting upon the exam- 
ination, deposit with the county superintendent or other 
person apT)ointed to conduct the examination, fees as 
follows : For third grade, one dollar ; for second grade, 
one and one-half dollars; for first grade, two dollars; for 
life certificate, threei dollars. The fees, shall be paid into 
the State treasury to the credit of the public school fund. 

9. Four grades of certificates will be issued, viz : 
first, second, third and life. A third grade certificate is 



53 

good for tAvo years ; a second for four years ; a first for 
six years; a life for life. Second grade certifi- 
cates will be issued to the same teacher but twice. 
Life certificates will be issued under rule 8. 

10. Applicants for third grade certificates will be 
examined om the following branches : Orthography, read- 
ing, penmanshijD, grammar, practical arithmetic through 
fractions, primary geography, and the elementary prin- 
ciples of pliysiology and hygiene; applicants for second 
grade certificates will be examined in all the foregoing 
branches, and also in practical arithmetic, history of 
Alabama,, history of the United St^ates, English gram- 
mar and composition, and intermediate geography; ap- 
plicants for first grade certificates will be examined in 
all the foregoing branches, and also in algebra, natural 
philosophy, plane geometry, school laws of Alabama, and 
the theory and practice of teaching. 

11. The examination in penmanship will be of such 
a nature that a teacher who is familiar with any system 
can take it. 

12. Letters or papers of any other character should 
not be enclosed with answer papers. 

13. Applicants who are absent at the beginning of 
the examination must not be admitted to the examina- 
tion. 

14. Superintendents shall distribute questions on a 
given siubject to all applicants at the same time, and no 
other questions shall be distributed until all who are 
answering these questions shall have completed and 
turned in their papers. For instance, the third grade 
orthography papers will be distributed, and no other 
third grade questions will be distributed until all third 
grade applicants have completed orthography. So with 
the other grades. The schedule sent to the superintend- 
ent or examiner by the Board of Examiners must be 
strictly adhered to in conducting the examination. If 
an applicant absents himself from the room before any 
subject is completed he will hand in his paper on that 
snbiect. which Avill be his examination. 

15. No nuestion prescribed by the State Board of Ex- 
aminers shall be set aside, nor shall queries rpcrnrding 



5i 

the interpretation of questions be answered by the county 
superintendent or examiner, 

16. In case the county superintendent wishes to take 
the examination, he will appoint some otlier competent 
person to conduct the examination, and this person so 
appointed shall have all the powers and duties of the 
county superintendent as to collecting fees, papers, etc., 
and returning the answer paper to the Secretary of the 
State Board of Examiners. It is suggested whenever a 
county superintendent takes the examination^ either for 
a grade or life certificate, that he have nothing to do with 
the paperti, but that he turn the matter over entirely to 
the person he appoints to conduct the examinatin. 

17. — The Board of Examiners suggests that white and 
colored teachers be examined in separate rooms, with 
connecting doors, if possible. 

18. It will be necessary in a majority of counties for 
the county superintendent to procure a room with desks 
for the purposes of examination. The school buildings 
or other suitable places can be easily obtained for this 
purpose. 

19. County superintendents will send to the Secretary 
of the State Board of Examiners the names of all teach- 
ers in separate school districts who are exempt from ex- 
amination under rule 1 of the State Board of Examin- 
ers, where these districts draw their funds through them. 

20. Under the law assistants as well as principals 
will have to procure certificates, and county superintend- 
ents are urged to see that no principal draws public 
money unless all his assistants who teach common school 
branches have certificates. This department will not ap- 
prove pay rolls for principals unless the names of their 
assistants are on the register on file in the Department 
of Education. 

21. County superintendents will give notice through 
the county press, or in some other way, of the time and 
place at which the examinations will be had. 



55 

22. If it should happen that not enough papers on 
any subject have been sent, county superintendents, or 
other person appointed to conduct the examinations, will 
allow the papers to be passed among the applicants. 
STATE BOARD OF EXAMINERS : 

Isaac W. Hill^ President, 
Wm. p. Feagin, Secretary, 
J. NiCHOLENE Bishop, Member. 



An Act 



To fix the minimum length of the term of the free pub- 
lic schools in the State of Alabama. 

Section 1. — Be it enacted by the General Assembly 
of Alabama J That the free public schools of the State 
shall be kept open absolutely free of tuition fee to those 
entitled to share in the distribution of the common 
school fund, for a period of at least five scholastic 
months in each scholastic year. 

Sec. 2. — Be it further enacted, That it shall be unlaw- 
ful for any township or district trustee to make or any 
county superintendent of education to approve a con- 
tract for a less period than five months, provided that 
contracts for unexpired terms may be made for a less 
period; provided, that where it is found absolutely im- 
practicable to make the term five months, trustees may, 
with the consent of the county superintendent and the 
approval of the State Superintendent of Education, 
make tlie term for not less than four scholastic months. 

Sec. 3. — Be it further enacted. That the object of this 
act is to set the minimum' length of the term for which 
a contract to teach the free public schools of the State 
can be made, and it shall be the duty of trustees and 
county superintendents to make the terms longer when- 
ever and wherever it is possible. 

Sec. 4. — Be it further enacted, That all laws and 
parts of laws in conflict with the provisions of this act 
be and the same are hereby repealed. 

Approved March 5, 1901. 



58 

An Act 

To repeal section 3586 of the Code of Alabama, and to 
require holders of diplomas or certificates of 
proficiency from the State Normal Schools and 
Co'lleges, or from other schools and' colleges, to 
undergo fthe State examinaition for license to 
teach in the public schools before teaching in the 
public schools of the State of Alabama. 

Section 1. — Be it enacted by the General Assembly 
of Alabama, That on and after the passage of this act 
section 3586 of the Code of Alabama be and the same 
is hereby repealed. 

Sec, 2. — Be it further enacted, That all holders of di- 
plomas or certificates of proficiency from the Alabama 
State Normal Schools or Colleges, or from other schools 
and .colleges, must undergo successfully the regular 
State examination for teachers in the public schools be- 
fore teaching the same. 

Sec. 3. — Be it further enacted, That all laws and 
parts of laws and special laws in conflict with this act, 
be and the same are hereby repealed. 



An Act 

To amend section 3602 of the Code of Alabama. 

Section 1. — Be it enacted by the Genet^al Assembly 
of Alabama.: 

That section 3602 of the Code of Alabama, be amended 
so as to read as follows, to-wit: 3602, (1005). Contin- 
gent expenses and amount for normal school set apart; 
residue aportioned. As soon as such certificate is re- 
ceived by the superintendent of education, he shall set 
apart out of the general fund a sufficient amount to 
pay such expenses of the department of education as 
are by law payable out of such fund, and also the fol- 
lowing; amounts for the normal school>\ to-wit: For the 



57 

Normail Schools at Florence, Troy, Jacksonville, and 
at Livingston, |10,000 each, and for the other normal 
schools such sums as are provided by law; and he shall 
then apportion all the remainder of such fund, as near- 
ly as practicable, among the several townships ani'd 
school districts in the State, as hereinafter provided. 

Sec. 2. — Be it farther enacted, That all laws and 
parts of laws in conflict with this act be, and the same 
are hereby repealed. 

Approved September 9, 1903. 



FORMS TO BE USED IN THE SALE OK LEASE 
OF SIXTEENTH SECTION LANDS. 

[No. 1.] 

NOTE GIVEN BY PURCHASER OF SCHOOL LANDS. 
f 

year after date, we or either of us, prom- 
ise to pay to the State of Alabama, for the use of town- 
ship , range , in county, the 

sum of dollars, with interest from date at 

eight per cent, per annum, for the purchase of 

(specify legal subdivisions) of section 

sixteen of said township. 

Witness our hands and seals, this day of 

A. D. 19... 

r^eal.l 

rSeal.T 

[Seal.l 

Approved this ] 

dav of 190.. f 



ToAvnship Trustees Public Schools 



58 

[No. 2.] 

The State op Alabama, 
County. 

A. D. 190. . 

The undersigned, township trustees of public schools 

in and for township , range , in 

said county, hereby certify that on the .... day of .... 
A. D. 190. ., they proceed to sell at public outcry (all 
the preliminary requisites of the law in reference to 

such sale having been complied with), Lot No 

being the northeast quarter of northwest quar- 
ter of section sixteen, in said towmiship, containing 

acres, and at said sale being the 

highest bidder, became the purchaser of said tract, and 

for the sum of dollars, for which he gave 

his several notes, each for dollars 

with interest from date of said sale, with 

and as his sureties. 



Township Trustees Public Schools. 

[No. 3.] 

REPORT OF SALE OF SCHOOL LANDS. 

To 

Superintendent of Education 

for the State of Alabama. 
The undersigned. Township Trustees of public schools 

in and for township . . . . , range . . . . , county, 

Alabama, respectfully represent and report that on the 

.... day of 190 . . . . , they proceeded 

to sell at public outcry (all the preliminary requisites 
of the law in reference to such sale haing been complied 

with). Lot No being the (the northeast 

quarter of northwest quarter of, as the case may be) 
section sixteen, in said township, containing 



59 

acres ; that at said sale 

being the highest bidder, became the purchaser of said 

tract, at and for the sum of dollars 

(said sum being at or above the minimum price fixed on 

said tract) for which he gave his several notes, 

each for dollars, with interest from 

date of sale at eight per cent, per annum, with 

and 

as his sureties. That said paid in 

caish the sum of dollars. The under- 
signed retain the sum of dollars from 

such cash payment to defray the expenses of the survey 

and sale of said lands, and the balance to- wit : 

dollars, together with said notes 

above described, is herewith enclosed. 

All of which is respectfully submitted. 

This day of 190. . 



Township Trustees Public Schools. 

■ [No. 4.] 

bond to bh given by township trustees about to sell 
or lease school lands. 

The State oe^ Alabama^ 
County. 

Know all men by these presents, That we 

are held and firmly 

bound unto' the State of Alabama in the sum of 

dollars, for the payment of 

which well arid truly to be made, we bind ourselves and 
each of us, our and each of our heirs, executors and ad- 
ministrators, jointly and severally, firmly by these pres- 
ents. Sealed with our seals, and dated this day 

of A. D. 190. . 

The condition of the above obligation is such that 
whereas, the above bound were, on 



60 

the day of 190, appointed Town- 
ship Trustees of public schools, in and for township . . 

range in said county; and whereas, the said .... 

as such township trustees of pub- 
lic schools, are about to sell (or lease) school lands of 
said township. 

Now, if the said as such 

township trustees of public schools, shall discharge 
their duty faithfully, so long as they may continue in 
office, or continue to discharge any of such duties, then 
this obligation to be void — otherwise to remain in full 
force. 

[Seal.] 

[Seal.]* 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

Taken and approved this . . day of .... A. D. 190. . 



County Superintendent Education. 
[No. 5.] 

LEASE OF SCHOOL LANES. 

The State of Alabama^ I 
County. I 

This agreement, made this ". day of 

A. D. 190 .... between and 

, township trustees of 

public schools in and for township . . . ., range . . . ., in 

said county, and witnesseth, 

that in consideration of dollars, to 

be paid by said to the town- 
ship trustees of public schools for said township, on the 

day of A. D. 190 . . . . , and each year 

thereafter during the continuance of the lease, for which 

the said has given his several promissory 

notes payable as aforesaid, and bearing even dale with 



61 

this instrument, the said township trustees have granted, 

demised, leased, and to farm let, unto the said 

, his representatives and assii^ns, 

section sixteen (or southeast quarter of southwe-^t quar- 
ter of section sixteen, as the case may be), in said town- 
ship, in said county and State; to have and to hold unto 
the said , his representatives and as- 
signs, for the term of (not exceeding five) 

years, from the day of 190 . . . The 

said agrees to deliver up the 

premises aforesaid with the appurtenances, on the last 
day of the term, or other earlier termination of the es- 
tate hereby granted, to the said township trustees or 
their successors in office. In witness whereof, the said 
parties have hereunto set their hands and seals the day 
and year above written. 
Attest : 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

Township Trustee. 



62 



No. 164.) AN ACT (S. 127. 

To create a Text Book Commission, and to procure for 
use in the public schools in this State a uniform se- 
reies of text books ; to define the duties and powers 
of said commission and other officers ; to make an ap- 
propriation for the carr^ang into effect this act, and 
to provide punishment and penalties for the viola- 
tion of the same. 

Section 1. — Be it enacted by the Legislature of Ala- 
bama, That the governor, State superintendent of educa- 
tion, and three eminent teachers of the State, who shall 
have a practical knowledge of the public school system 
of the State and the methods of teaching therein, to be 
appointed by the governor, shall be and hereby consti- 
tuted the School Book Commission of the State of Ala- 
bama, whose duty it is to select and adopt a uniform se- 
ries or system of text books for use in the public schools 
of this State. Said commission is hereby authorized, em- 
powered, and directed to select and adopt a uniform 
system or series of text books for use in the public 
schools in this State as above indicated, and when so se- 
lected and adopted the said text books shall be used for 
a period of five years in all the public schools of this 
State, and it shall not be lawful for any school officer, 
director or teacher, to use any other books upon the same 
branches other than those adopted by said State Text 
Book Commission. Said uniform series shall include 
the following branches of study, to-wit: Orthography, 
reading, writing, arithmetic, geography, grammar, lan- 
guage lessons, history of Alabama containing the Con- 
stitution of the State, history of the United States, phy- 
siology and hygiene, elementary geology of Alabama, 
elementary principles of agTiculture, elements of alge- 
bra, elements of plane geometry, elements of natural 
philosophy, bookkeeping, elements of civil government, 
rhetoric and higher English, and such other branches of 



e3 

study as said commission may select and designate ; Pro- 
vided, that none of said text books shall contain any- 
thing of a partisan or sectarian character. Before trans- 
acting any business relating to the duties of this com- 
mission they shall each take an oath before some person 
authorized to administer oaths, to faithfully discharge 
all the duties imposed upon them as members of said 
school book commission, and that they have no interest 
direct or indirect, in any contract that may be made un- 
der thisi act, and will receive no personal benefit there- 
from. 

Provided, further, that for cities and towns having a 
population of 5,000 or more, said commission may select 
and designate such books and such branches of study as 
the conditions existing in such cities and towns may re- 
quire. 

Section 2. — There shall be a sub-commission of five 
to be selected as follows; A president or member of the 
faculty of one of the normal schools of the State ; a pres- 
ident or member of the faculty of one of the agricultural 
schools; a superintendent of one of the city schools; and 
two teachers of the common schools, each one of whom 
shall be appointed by the governor. 

Section 3. — It shall be the duty of said sub-commission 
to report to the commission at such time said commis- 
sion shall direct, the books which they recommend for 
adoption arranging each book in its class or division, 
and reporting them in the order of their merit, pointing 
out the merit and demerits of each book, and indicating 
what book they recommend for adoption first; wiiat book 
is their second choice; what their third choice, and so on, 
pursuing this plan with the books submitted upon each 
branch of study, and if said sub-commission shall con- 
sider such books upon the same subject, or of the same 
class or division of approximately equal merit, all things 
being equally considered, they shall so report, and if 
they consider any of the books offered are of such class 
as to make them inferior and not worthy of adoption, 
they shall in their report so designate such books pud 
in said report they shall make such recommendptior* and 
«FUggestions to the commission as they shall deem n-^-is- 



64 

able and proper to make. Said report shall be kept se- 
cret and sealed up and delivered to the secretary of the 
commission and said report shall not be opened by any 
member of the commission until the commission shall 
meet in executive session to open and consider the bids 
or proposals of publishers or others, desiring to have 
books adopted by said commission. Each member of 
said sub-commision before entering upon the discharge 
of his duties, shall take and subscribe an oath to 1^^^- 
estly, conscientiously, faithfully, and to the best of his 
ability discharge said duties, and that he is not directly 
or indirectly in any manner interested in the proposed 
contract, nor in any books or publishing concern ftub- 
lishing any books of the kind or character contemplated 
for use in the public schools of this or any other State, 
and that he will examine all books submitted carefully 
and faithfully and make true report thereon, as herein 
directed and prescribed, said oath shall be filed in the 
of&ce of said secretary of State. 

Section 4. — Said text book commission shall herein 
consider said report in its selection and adoption of the 
uniform series of text books, and shall also themselves 
consider the merits of each book, taking into considera- 
tion their subject-matter, the printing, binding, mate- 
rial and mechanical qualities, and their general suitabil- 
ity and desirability for the purposes intended as well as 
the price of said books, and they shall give great con- 
sideration and weight to the report and recommendation 
of said sub-commission; Provided, That no text book, 
the subject-matter of which is of inferior quality, shall 
be adopted by the text book commision. Said commis- 
sion shall select and adopt such books as will, in their 
best judgment, accomplish the ends desired, and they 
are hereby authorized and directed, in case any book or 
books are deemed by them suitable for adoption and 
more desirable than other books of the same class sub- 
mitted, and they further consider the price at which 
books are offered to be unreasonably high and that they 
should be offered at a smaller price, to immediatelv no- 
tifv the publisher or offerer of such book or books of 
their decision and request such reduction in price as 



65 

they deem reasonable and just, and if they and such 
publisher shall agree on a price they may adopt his book 
or books, but if not they shall use their own sound judg- 
ment and discretion whether they will adopt that, or the 
books which are deemed by them next best in the list sub- 
mitted and when said text book commission shall have 
finished with the report of said sub-commission, the said 
report shall be filed and preserved in the office of the 
State Superintendent of Education, and shall be open at 
all times for public inspection. 

Section 5. — Be it further enacted, That said text book 
comtoission shall immediately after the passage of this 
act, meet and organize, the governor being president of 
the commission and the superintendent of education sec- 
retary and executive officer of said commission. As soon 
as practicable, not later than thirty days after its or- 
ganization, the commission shall advertise, in such man- 
ner and for such length of time and at such places as 
may be deemed advisable; that at a time and place fixed 
definitely in said advertisement, sealed bids or propos- 
als will be received from the publishers of school text 
books foir furnishing books to the public schools in the 
State of Alabama, through agencies established by said 
publishers in the several counties, and places in counties 
in the State, as may be provided for in such regulations 
as said commission may adopt and prescribe. The bids 
or proposals to be for furnishing the books for a pe- 
riod of five years and no longer, and that no bid for a 
longer period will be considered, said bid shall state spe- 
cifically and definitely the price at which the books will 
be furnished, and shall be accompanied by one or more 
specimen copies of each and every book proposed to be 
furnished and it shall be required of each bidder to de- 
posit with the treasurer of the State a sum of money 
such as the commission may require, not less than five 
hundred dollars, nor more than twenty-five hundred 
dollars, according to the number of books enoh bidder 
may propose to supply, and notice shall further be given 
in said advertisement that such deposits shall be for- 
feited absolutelv to the State if the bidder making the 
deposit, shall fail or refuse to make and execute such 



66 



contract and bond as is hereinafter required, within 
such time as the commission may require, which time 
shall also be stated in said advertisement. AH bids shall 
be sealed and deposited with the Secretary of State, to 
be by him delivered to the commission when they are 
in executive session, for th purpose of considering the 
same, when they shall be opened in the presence of the 
commission. 

Section 6. — Be it further enacted, That it shall be the 
duty of the said text book commission to meet at the 
time and placo designated in such notice or advertise- 
ment and take out the sample or specimen copies sub- 
mitted, upon which the bids are based and refer and 
submit these to the sub-commision as provided for and 
directed in previous section of this act, with instruc- 
tions to said sub-commission to report back to them at 
a time specified, with their report, classification and rec- 
ommendation as provided in previous section of this act. 
When the said report is submitted it shall be the duty o'f 
said text book commission to meet in executive session 
to open and examine all sealed proposals submitted and 
received in pursuance of the notice or advertisement pro- 
vided for in section 2 of this act. It shall then be the 
duty of said commission to examine and consider care- 
fully all such bids or proposals, together with the report 
and recommendation of the sub-commission and determ- 
ine in the manner provided in section 1 of this act what 
book or books shall be selected for adoption, taking into 
consideration the size, quality as to subject matter, ma- 
terial, printing, binding, and the mechanical execution 
and price, and the general suitability for the purpose 
desired and intended ; provided, however. That all books 
selected or adopted shall be written or printed in Eng- 
lish. After their selection for adoption shall have been 
made, the said commission shall, by registered letter, 
notify the publishers, or proposers, to whom the con- 
tracts have been awarded, and it shall be the duty of 
the attorney general of the State to prepare the said 
contract or contracts in accordance with the terms and 
provisions of this act, and the said contract shall be 
executed by the governor and secretary of State, with 



67 

the seal of the State attached upon the part of the State 
of Alabama, and the said contract shall be executed 
triplicate, one copy to be kept by the contractor, one 
copy by the secretary of the text book commission, and 
copied in full in the minute book of said commission, 
and one cop}^ to be filed in the office of the secretary of 
State, at the time of the execution of the contract afore- 
said the contractors shall enter into a bond in the sum 
of not less than ten thousand dollars nor more tlian 
tliirty thousand dollars, payable to^ the State of Ala- 
])ama the amount of said bond within said limits, to be 
fixed by said commission, conditioned for the faithful, 
iKiuest and exact performance of his contract, and shall 
further provide for the payment of reasonable attorney's 
fees in case of recovery in any suit upon the same, vdth 
three or more good and solvent sureties, actual citizens 
and residents of the State of Alabama, or any rrnar- 
antj company authorized to do business in the State of 
Alabama may become the surety on said bond, and it 
shall be the duty of the attorney general to prepare said 
bond and approve the same; Provided, however, That 
said bond shall not be exhausted by a single recovery, 
but may -be sued on from time to time, until the full 
amount thereof shall be recovered, and the said com- 
mission may at any time, by giving thirty day's notice, 
require additional security or additional bond within the 
limits prescribed. And when any person, firm or corpo- 
ration shall have been warded a contract and submitted 
therewith the bond as required hereunder the commis- 
sion, through its secretary shall so inform the treasurer 
of the State, and it shall then be the duty of tfie treas- 
urer to return to such contractor the cash deposit made 
b> him, and the said commission, through its secretary 
shall inform the treasurer of the names of the unsuc- 
cessful bidders or proposers, and the treasurer shall upon 
receipt of this notice return to them the amount depos- 
ited in cnsh by them at the time of the submission of 
their bid, but should any person, fir^m, company or corp- 
oration fnil or refuse to execute the contrnct. and eul> 
mit therpwith h\°. bonH as rpqnirpd bv tbi'^ act w'tbin 
thirty days of the awarding of the contract to him and 



the mailing of the registered letter containing the no- 
tice, provided the mailing of the registered letter shall 
be sufficient evidence that the notice was given and re- 
ceived, the cash deposit will be deemed, and is hereby de- 
clared forfeited to the State of xilabama, and it shall 
be the duty of the treasurer to place said cash deposit 
in the treasury of the State to the credit of the general 
school fund, and provided, further, thai any recovery 
had on any bond, given by any contractor, shall enure 
to the benefit of the said fund of the State, and when 
collected shall be placed in the treasury to the credit 
of the said fund and be prorated among the several coun- 
ties of the State. 

Section 7. — Be it further enacted, That the books fur- 
nished under any contract shall at all times during the 
existence of the conti^act be equal to, in all respects, the 
specimens or sample copies furnished with bids; and it 
shall be the duty of the Secretary of State to carefully 
preserve in his office as the standard of quality and ex- 
cellence to be maintained in such books during the con- 
tinuance of such contracts the specimen or sample cop- 
ies of all books which have been the basis of any con- 
tract, together with the original bid or proposal and the 
contractor shall, also furnish each county superintend- 
ent of education like specimen or sample copies which 
shall be preserved by him in like manner and the same 
shall always be open to the inspection of the public. It 
shall be the duty of all contractors to print plainly on 
the back of each book the contract price, asi well as the 
exchange price at which it is agreed to be furnished, but 
the boolis submitted as samples or specimen copies with 
the original bids shall not have the price printed on 
them before they are submitted to the sub-commission. 
And the said text-book commission shall not in any 
case, contract with any person or publisher for the use 
of any books which are to be sold to patronsi for use in 
any public school in this State, at a price above or in ex- 
cess of the price at which such book or books are fur- 
nished by said person or publisher under contract to 
any State, county, or school district in the United States, 
under like conditions prevailing in this State and under 



69 

this act. And it sliall be stipulated in each contract that 
the contractor has never furnished and is not now fur- 
nishing under contract any State, county or school dis- 
trict in the United States, where like conditions prevail 
as are prevailing in this State and under this act the 
same book or books as are embraced in said contract 
at a price below or less than the price stipulated in the 
siaid contract and the said commission isi hereby author- 
ized and directed, at any time they may find that any 
book has been furnished at a lower price under contract 
to any State, county or school district aforesaid to sue 
upon the bond of said contract and recover the differ- 
ence between the contract price and the lower price at 
which they find the book or books have been sold, and in 
case a contractor shall fail to execute specifically the 
terms and provisions of his contract, said commission 
is hereby authorized, empowered and directed to bring 
suit upon the bond of such contractor for the recovery 
of all damages, the suit to be in the name of the State 
of Alabama and the recovery for the benefit of the pub- 
lic school fund, but nothing in this act shall be construed 
so as to prevent said commission and- any contractor, 
agreeing thereto, from in any manner changing or alter- 
ing any contract, provided that a majority of the com- 
mission shall agree to the change and think it advisable 
and for the best interest of the public schools of this 
State. In all matters a majority of said commission 
shall control. 

Section 8. — Be it further enacted, That it shall be al- 
ways a part of the terms and condition of every contract 
made in pursuance of this act that the State af Ala- 
bama shall not be liable to any contractor, in any man- 
ner for any sum whatever, but all such contractors shall 
receive their pay or consideratian in compensations sole- 
ly and exclusively derived from the proceeds of the sale 
of books, as provided for in this act. Provided, further, 
That tlie commission shall sitpulate in the contract for 
the supplying of any book as herein provided that the 
contractor or contractors shall take up the school books 
now in use in this State and receive the same in ex- 
change for ncAv books at a price not less than 50 per 



70 

cent, of the contract price. Provided, Sucli exchange pe- 
riod shall not continue longer than one jear from the 
date of the contract. And each person or publisher mak- 
ing a bid for the supplying of any book or books under 
this act, shall state in such bid or proposal the exchange 
price at which such book or books will be furnished. 

Section 9. — Be it further enacted, That the text book 
commission shall have and reserve the right to reject 
any and all bids or proposals if they shall be of the opin- 
ion that any or all should for any reason be rejected. 
And in case they fail from among the bids or proposals 
to select or adopt any book or books upon any of the 
branches mentioned in previous section of this act, they 
may re-advertise for sealed bids or proposals under the 
same terms and conditions as before and proceed in 
their investigation in all respects as they did in the first 
instance, and as required by the terms and provisions in 
this act, or they may advertise for sealed bids or propos- 
als from authors or publisliers of text books who have 
manuscripts of books not yet published, for prices at 
wl^ich they will publish and furnish in book form such 
manuscripts or for prices at which they will sell such 
manuscripts, together with the copyright with such books 
for use in the public schools in Alabama, proceeding in 
all respects in like manner as before ; and provided, that 
before accepting or rejecting any manuscript, it shall 
be their duty to take the manuscript and to advertise for 
sealed bids or proposals for publishing the same in book 
form, in like manner as herein provided for, and under 
the same restriction and condition, and the contract may 
be let for the publication of all such books or for any 
one or more separately; and provided, further, that the 
State itself shall not, under any circumstances, enter into 
any contract binding it to pay for the publication of any 
book or books, but in the contract with the owner of the 
manuscript it shall be provided that he shall pay the com- 
pensation to the publisher for the publication and put- 
ting in book form the manuscript, together with the cost 
and expense of copyrighting the same; And proA^ided, 
further, that in all cases bids or proposals shall be ac- 
companied with the cash deposit of from five hundred 



71 • 

to twenty-five hundred dollars as the commission may di- 
rect, and as previously provided in this act. And it is 
further expressly provided that any person, firm or cor- 
poration now doing business, or proposing to do business 
in the State of Alabama, shall have the right to bid for 
the contract to be awarded under this act in manner as 
follows : In response to the advertisement when made as 
hereinbefore provided, said person, firm, or corporation 
may submit in writing bid or bids to edit or have edited, 
publish, and supply for use in the public schools in this 
State, any book or books herein provided for, provided 
that instead of filing said bid or proposal a sample or 
specimen copy of each book proposed to be furnished, he 
may exhibit to the commission a manuscript or printed 
form the matter ]Droposed to be incorporated in any book, 
together with such a description and illustration of the 
form and style thereof, as would be fully intelligble and 
satisfactory to said commission, or they may submit a 
book or books the equal of which in every way they pro- 
pose to furnish and they shall accompany their bid or 
proposal with the cash deposit and execute contract and 
bond as hereinbefore provided. • 

Section 10. — Be it further enacted, That as soon as said 
commission shall have entered into a contract or con- 
tracts for the furnishing or supplying of books for use 
in the public schools in this State it shall be the duty of 
the Governor to issue his proclamation announcing such 
facts to the people of the State. 

Section 11. — Be it further enacted. That the party or 
parties with whom the contract shall be made shall estab- 
lish and maintain two or more depositories in the State, 
to be designated by the commission, where a stock or 
supply of the books sufficient to meet all the immediate 
demands shall be kept. There shall also be maintained 
in each county in the State not less than three agencies, 
for the distribution of the books to the patrons, to be lo- 
cated njKl designated by the commission and the contrac- 
tor shnll be r)ermitted to make arrangements with a mer- 
chant or other person for the handling and distribution 
of the '^onks. All books shall be sold to the consumer 
at the r(>tail contract price, and in each book shall be 



• 72 

printed the following: (The price fixed hereon is fixed 
by State contract and deviations therefrom shall be re- 
ported to your county superintendent of education, or to 
the State superintendent at Montgomery. ) And it is ex- 
pressly provided that should any party contracting to 
furnish books as provided for in this act, fail to furnish 
them or otherwise breach his contract, in addition to the 
right to the State to sue on the bond hereinabove re- 
quired the county superintendent of any county may sue 
in the name of the State of Alabama, in any court of com- 
petent jurisdiction in the county in which he resides 
for the use and benefit of the school fund of the county ; 
Provided, that the right of action of the county superin- 
tendent shall be limited to breaches of the contract com- 
mitted in the county of his residence, and provided fur- 
ther, that in all cases under thisi act service of process 
may be had and deemed sufficient on any agent of the 
contractor in this State. 

Section 12. — Be it further enacted. That said commis- 
sion may from time to time make any necessary regula- 
tion not contrary to the provisions of this act, to secure 
the prompt distribution of the books herein provided for 
and the prompt and faithful execution of all contracts, 
and it is expressly now provided that said commission 
shall maintain its organization during the five years of 
the continuance of the contract and after the expiration 
of the same to renew such of them as they deem advis- 
able, or re-aclvertise for new bids or proposals as required 
by this act in the first instance, and enter into such other 
contracts as they deem for the best interest of the 
patrons and children of the public schools of this State; 
Provided, That any contract entered into or renewed 
shall be for the term of five years. 

Section 13. — Be it further enacted, That as soon as 
practicable after the adoption provided for in this act, 
the State Superintendent of Education shall issue a cir- 
cular letter to each county superintendent of education 
and each teacher in the State, and to such others as he 
may desire to send it, which letter shall contain the list 
of books adopted, the prices, location of agencies, and 
manner of distribution and such other information as he 
may deem necessary. 



Td 

Section 14. — Be it further enacted, That as soon after 
the passage of this act as may be practicable and the com- 
mission may deem advisable, the books adopted as a uni- 
form system of text books shall be introduced and used 
as text books to the exclusion of all others in all the pub- 
lic free schools in this (State; Provided, That nothing 
herein shall be construed to prevent the use of supple- 
mentary- books such as may be prescribed and selected 
by the text book commission but such supplementary 
books shall not be used to the exclusion of the books pre- 
scribed or adopted under the provisions of this act ; Pro- 
vided, further, that nothing in this act shall be construed 
to prohibit the use in public schools of any text book 
upon any branch mentioned in any previous section of 
the act, where the commission shall select or adopt a 
book for that branch or subject ; Provided, further, That 
nothing in this act shall prevent the teaching in any 
school any branch higher or more advanced than is em- 
braced in any previous section of this act, nor the using 
of any book upon such higher branch of study, provided 
that such higher branches shall not be taught to the ex- 
clusion of the branches mentioned and' set out in this act. 

Section 15. — Be it further enacted. That nothing here- 
in shall be construed to prevent or prohibit the patrons 
of the public schools throughout the State from procur- 
ing books in the usual way in case no contract shall be 
made or the contractor fails or refuses to furnish the 
books provided for in this act, at the time required for 
their use at the respective schools. 

Section 16. — Be it further enacted, That any person 
or teacher violating the provisions of this act, shall be- 
come guilty of a misdemeanor, and upon conviction be 
punished by a fine of not less than ten dollars nor more 
than fifty dollars. 

Section 17. — Be it further enacted, That any teacher 
who shall use or permit to be used in his or her school 
any text book upon the branches embraced in this act, 
where the commission has adopted a book upon that 
branch other than the one so adopted, shall be iruilty of 
a misdemeanor, and upon conviction punished as pro- 
vided for in section IG of this act. 



74 

Section 18. — Be it further enacted, That if any local 
agent, dealer, clerk or other person handling- or selling 
the hooks adopted under this act, shall demand or re- 
ceive for any copy of any of the books herein provided 
for, more than the contract price, in cases where the pur- 
chase is for cash, he shall be guilty of a misdemeanor, 
and upon conviction shall for each offense be punished 
by fine of not less than fifty nor more than five hundred 
dollars. 

Section 19. — Be it further enacted, That the sum of 
two thousand dollars or so much thereof as may be nec- 
essary to be paid out of the moneys in the treasury not 
otherwise expended, be and is liereb}'- appropriated for 
the purpose of paying the cost and expense of carrying 
into effect the provisions of this act. 

Section 20. — Be it further enacted. That the Governor 
and Superintendent of Education shall serve on the com- 
mission without compensation and the other members 
of the commission and the sub-commission shall be paid 
the sum of four dollars per day during the time they 
are actually engaged, not to exceed thirty days, and in 
addition shall receive ten cents per mile for each mile 
traveled from their home to their place of meeting and 
return thereto, to be paid out of the general fund, and 
they shall each make and swear to a statement of the 
number of miles traveled and the number of days ac- 
tually engaged. 

Section 21. — Be it further enacted. That the said sub- 
commission is authorized to appoint a clerk who shall 
have three dollars per diem during the time he is actu- 
ally engaged not to exceed thirty days, and the same 
mileage as is allowed the sub-commission. 

Section 22. — Be it further enacted, That the adoption 
made as provided for in this act shall continue for five 
years from the date of such adoption; Provided, The 
provisions of this act shall not apply to those counties 
that have adopted a uniform system of text bonks for 
their public schools and have contracted for a supply of 
such text books, until the expiration of. said contracts 
respectively unless they see fit sooner to accent the p/*o- 
visions of this act, and provided further that no new con- 



75 

tract shall be made after the passage of this act by any 
county board of education, or by the board of education 
of any city or town in this State. 

Section 23. — Be it further enacted, That in case of the 
failure of any contractor to furnish the books as pro- 
vided in this contract, then his bond shall be declared 
forfeited, and the State school book commission is au- 
thorized and empowered to make such other contract 
for the unexpired term with any person to provide such 
books as thev mav deem advisable for the best interests 
of the State. 

Section 24. — Be it further enacted, That this act shall 
take effect from and after its passage. 

Apxjroved March 4, 1903. 



No. 391.) AN ACT (H. 654. 

To establish at the University of Alabama, a sum- 
mer school for teachers, and to provide an 
appropriation for its maintenance, and to 
provide for the examination of teacliers at- 
tending said summer school. WJiejras, it 
is generally conceded that the greatest ed- 
ucational need in Alabama is a properly 
trained teaching force, therefore. 

Section 1. — Be it enacted hy the Legislature of 
Alabama, That the Trustees of the University of 
Alabama be and they are hereby authorized and 
directed to establish at that institution a school to 
be known as the Summer School for Teachers, at 
which during the summer months instruction s"'^all 
be given in all the public school studies, and in such 
other studies as may be necessary to better prepare 
teachers for efficient service in the public schools 
of the State. 

Section 2. — Be it further enacted. That for the 
maintenance of the said summer school for teachers, 
the sum of five thousand dollars is hereby appro- 



76 

priated aninually from any moneys in tlie State 
treasury not otherwise expended by law. 

Section 3. — Be it further enacted, That the said 
sum of five thousand dollars appropriated by this 
Act shall, on the first day of July of each year, be 
paid by the State Treasurer to the treasurer of the 
University of Alabama on warrants drawn by the 
State Auditor as warrants are drawn for other ap- 
propriations to the University. 

Section 4. — Be it further enacted, That the trus- 
tees of the University of Alabama shall report in 
writing to the Legislature at each regular session 
thereof the manner in which the appropriation 
herein made has been expended. Provided, That 
this appropriation shall not be available in any 
year till the President of the University shall cer- 
tify to the Governor that the supplemental sum of 
twenty-five hundred dollars has been raised from 
other sources. Provided further, That no matricu- 
lation or tuition fee shall be charged to Alabama 
teachers, and no incidental fee exceeding three dol- 
lars per session shall be charged to any Alabama 
teacher. 

Section 5. — Be it further enacted, That the State 
Board of Examiners for Teachers be authorized 
and directed to conduct or have conducted, annual- 
ly, at the University, at the close of the Summer 
School for teachers, an examination for the con- 
venience of teachers attending that school. The 
examination shall be equal in all respects to the 
regular examination required by law. The same 
fee shall be charged and the examination vshall be 
conducted under the same rules and regulations. 

Approved October 1, 1903 . 



77 



^0. 272.) AN ACT (H. 400. 

To amend sections 405 and 407 of the Code of Alabama 

of 1896. 

Section 1. — Be it enacted by the Legislature of Ala- 
bama, that sections 405 and 40 7 of the Code of Alabama 
be amended so as to read as f oUoavs : 405 Board of Con- 
trol ; how constituted. Each of such stations and schools 
is under the supervision and control of a board of con- 
trol to be composed of the following members : The State 
Superintendent of Education, the Commissioner of Ag- 
riculture and Industries, the Governor, and two men who 
shall be residents of the respective Congressional dis- 
trict wherein the school for which they are appointed is 
located. Said members from the Congressional districts 
shall be appointed by the Governor and shall only serve 
as members of the board for the school which is located 
in their respective Congressional districts. Their terms 
of office shall be for a period of four years and until 
their successors are appointed. The members of said 
board must not receive any compensation other than 
traveling expenses actually incurred in attending meet- 
ings of tRe Board of Control, and said Board of Control 
shall liave power to elect a treasurer for each school, fix 
his bond, compensation and prescribe his duties. Said 
Board of Control shall also have power to select such 
other officers as they may deem advisable, prescribe their 
duties, and shall also have power to make all necessary 
arrangements for drawing the funds appropriated by 
law, and the di.-^bursement of the same. 407. Not less 
than five hundred dollars of the sum so appropriated to 
each of said schools shall be used in maintaining, culti- 
vating and improving the fainns respectively, and mak- 
ing agricultural experiments thereon under and by di- 
rection of the Board of Control and the Professor of 
Agriculture in the ^labama Polytechnic Institute; fur- 
ther the course in scientific agriculture and floriculture 
as required in section 413 shall be formulated for the 
scliools and experiment stations by the said nrofes'sor of 
agriculture of the Alabama Polytechnic Institute. When 



78 

on official visits said Professor of Agriculture shall be 
paid by the Board of Control, his traveling expenses 
thus incurred. 

Sec. 2. — All laws and parts of laws in conflict with 
this act is hereby repealed. 

Approved September 30, 1903. 



.\(.. 535.) AN ACT (H. 1042. 

To provide, at the several Normal Schools of Alabama, 
for two extra periods for examination of applicants 
to teach in the public schools. 

Be it enacted by the Legislature of Alabama, That the 
Superintendent of Education be and is hereby author- 
ized and permitted at his discretion to allow in Ma^' and 
October an examination at any Alabama Normal School 
requesting it, for applicants to teach in the public 
schools of this State; thait said examination shall fol- 
low the same regulations as the regular examinations 
now established, and that the expense of said exami- 
nation is to be borne by the applicants. • 

Approved October 6, 1903. 



No. 560. ) AN ACT ( S. 409. 

To provide for the teaching of Agriculture in the public 

schools. 

Section 1. — Be it enacted by the Legislature of Ala- 
bama, that in addition to the branches now taught in the 
public scliools, instruction shall be giveij in the elemen- 
tary x:»rinciples of agriculture, and said subject shall be 
taught as regularly as other branches are taught in said 
schools, by the use of the text book in the hand.« of the 
pupils, and such instruction shall be given in all the 
public schools of the State, except in public schools in 
cities of 500 inhabitants and over. 



79 

t^c'c, 2. — J>e it further euacted, That do license shall 
be granted to sliiy applicant to teach in thei public schools 
(jt Alabaiiui ^^'ho has not passed a satisfactory examina- 
tiou 111 said branch. 

bee. o. — Be it further enacted, That this act shall 
take effect on and after its passage^ but it is provided 
furliier that the lirst examination in said branch shall 
not be held earlier than October, 1904 . 

(Section 4. — Be it further enacted, That all laws and 
parts of laws in conflict with the provisions of this act 
be and the same are hereby repealed. 

Approved October 10, 1903 . 



Ko. 409.) AN ACT (S. 348. 

To i)rovide for an election to levy and collect a special 
tax for the support of public schools in the various 
counties of the State of xilabama. Be it enacted by 
ihe Legislature of Alabama : 

sSecrion 1. — That upon a petition signed by two hun- 
dred or more qualified electors of the county who are also 
freelroldei's, to the court of county commissioners; or 
court of like jurisdiction in any county within 
the State of Alabama, the said court shall order 
an election to determine whether or not a spe- 
cial tax sliall be levied for the support of the 
pultlie schools witliin the said county as is here- 
after provided; but only one such election shall be 
held in any two years. There shall be made publication 
of the same in some newspaper within the county, which 
publication shall show the rate of such proposed tax, 
the time it is) proposed to be continued, and the purpose 
for which the levy is proposed to be made. 

Section 2.— The inspectors and officers of the elections 
sliall be ap]K)iiited and such election shall be held, and 
the result of said elections shall be declared in the same 
manner and by the same officers as is the result <»f the 
regular elections for eonnty ofjicers under the ceni rai 
laws of tlie State. 



80 

Section 3. — The ('ourt of County Commissioiners or 
Court of like jurisdiction shall provide a sufficient num- 
ber of ballots for each voting precinct within said 
county, and at the top of each ballot shall be printed the , 
rate of such proposed tax, the time it is to be continued, 
and that the purpose is for the support of the public 
schools, and directly underneath in plain type shall be 
printed on different lines the words, "For proposed tax- 
ation," "Against proposed taxation," and a place must 
be left directly to the left of each line thereof, and the 
voter favoring the iDroposed taxation will make a cross 
mark directly to the- left of the line "For Proposed Tax- 
ation/' and the voter not favoring proposecl taxation, 
will make a cross mark directly to the left of the line, 
"Against Proposed Taxation," and if it appears as the 
result of said election that three fifths of those voting at 
said election have voted for the proposed taxation, the 
Court of County Commissioners or Court of like juris- 
diction shall levy said special tax and cause the tax as- 
sessor to assess the same on the taxable property in said 
county, which shall not exceed ten cents on each one hun- 
dred dollars of taxable property in such county; bnt 
the rate of such special tax shall not increase the rate 
of taxation, State and county combined, in any one year 
to more than one dollar and twenty-five cents on each 
one hundred dollars of taxable property in said county, 
but all special county taxes for public buildings, roads, 
bridges and the payment of debts existing at the ratifi- 
cation of the Constitution of 1875 shall not be included 
in the aforesaid one dollar and twenty-five cents on the 
one hundred dollars of taxable property. 

Section 4. — Whenever such a levy as is provided for 
in this act is made it shall be the duty of the tax collec- 
tor within and for that county to collect such a tax in 
the same manner and under the same requirements and 
laws as taxes of the State are collected, and he shall keer) 
siaid amount separate and apart from all other funds and 
keep a clear and distinct account thereof showing what 
amount is paid by the negro race and what amount 
is paid by the white race, and turn the same over to the 
roimty Superintendent of Education, whose duty it shall 



81 

be to receipt therefor and apportion tlie same to th^. vari- 
ous schools throughout the county in the same manner 
as the general school funds from the State are appor- 
tioned in said county, provided, that the school terms of 
the respective schools shall be extended by such supple- 
ment as nearly the same length of time as practicable. 

Section 5. — The election hereinbefore provided for 
may be had at the time of holding any regular election 
within the county, and if held at such a time the inspect- 
ors and officers of the general election shall conduct at 
the same time the election herein provided for ; and for 
such services they shall receive no compensation other 
than that allowed them for the holding of the general 
election; but if such an election is had at such other time 
than that of holding a regular election within the county, 
then the election officers shall receive the same pay as 
that for holding a general election; and if such levy is 
made as provided for in this act the tax collector, tax 
assessor and county superintendent of education shall 
receive for the services required of them under the pro- 
visions of this act, the same per centum of the funds 
handled as they now receive for like services, Provided, 
that the time said special tax may continue shall not be 
less than two years. 

Section 6. — All persons who are at the time of such 
election qualified electors in the county where such elec- 
tion is held under the law and constitution of Alabama, 
then in existence, shall be qualified electors to partici- 
pate therein. 

Approved October 1, 1903. 



No. 390.) AN ACT • (H. 668. 

To authorize the Courti of County Commissioners, or 
other governing body of like jurisdiction, in any 
county in this State, to levy and collect such special 
taxes, not to exceed one- fourth of one per centum 
per annum, to pay any debt or liabilitv now exist- 
ing against any county, incurred for the erpftioTi. 



82 

construction or maintenance of tlie necessary pub- 
lic buildings or bridges, or that may hereafter be 
created for tliei erection of necessary public build- 
ings, bridges or roads. 

Section 1. — Be it enacted by the Legislature of Ala- 
bama, That the Court of County Commissioners, or other 
governing body of like jurisdiction, in any county in this 
State, is hereby authorized to levy and collect such spe- 
cial taxes as it may deem necessary, not to exceed one- 
fourth of one per centum per annum, for the pui'pose of 
paying any debt or liability now existing against any 
county, incurred for the erection, construction or main- 
tenance of the necessary jjublic buildings or bridges, or 
that may hereafter be created for the erection of public 
buildings, bridges or roads, which taxes so levied and 
collected, shall be applied exclusively to the purposes 
for which the same are so levied and collected. 

Approved September 30, 1903. 



No. 365.) AN ACT (S. 210. 

To provide for the redistricting of the public schools of 
the State and for the management and control of the 
same. 

Section 1. — Be it enacted by the Legislature of Ala- 
bama, That township lines for sichool purposes, in the 
State of Alabama, are hereby abolished ; provided noth- 
ing herein contained shall be so construed as to deprive 
the inhabitants of any township in this State of the six- 
teenth section or any fund arising therefrom, for the pur- 
pose of selling and leasing the sixteenth section school 
lands of the several townships as provided by law there 
shall be three township trustees in each township to be 
appointed as now provided by law, the existing town- 
ship trustees shall continue in office until the expiration 
of their terms of office for the purpose of selling and 
leasing such lands. 

Sec. 2. — One of the county commisisi oners or a mem- 



ber of the C();uil3' Board of Revenue to be selected by such 
comiuissioners or Board of lievenue, the County {Super- 
intendent of Education, and one of the County Survey- 
ors to be named by the court of County Commissioners, 
or Board of Revenue, in each of the several counties of 
the State, are hereby created the county redistricting 
board, whose duties shall be as hereinafter provided. 

Sec. 3.- — That on the first Monday in March, 1904, the 
county redistricting boards provided for in section two 
of this act, shall meet at the court house in their respec- 
tive counties and organize by electing one of their num- 
ber as chairman. The County Superintendent of Educa- 
tion shall be, by virtue of his oftice. Secretary of such 
Board; a majority of the members of such board shall 
constitute a quorum. 

Sec. 4. — As soon as i)racticable after organization the 
said county redistricting boards shall lay out and divide 
their respective counties into public school districts ac- 
cording to centres of population and natural barriers. 
Suci; districts shall be so arranged, if practicable, as to 
place a public school within two and one-half miles of 
each child within school age within such district; pro- 
vided that no district shall be formed which contains 
less than fifteen children in the school age. 

Sec. 5. — The \vork of establishing such districts as 
provided in this act, siiall be. completed not later than 
June 1st, 1904, within ten daj^s after said work shall 
have been completed, the said several County Redistrict- 
ing Boards shall make, in writing, an accurate descrip- 
tion of each district so established, which descriptions 
they shall deposit with the Judge of Probate, whose duty 
it shall be to record the same in a substantially bound 
book, to be kept by him for this purpose in his office. 

Sec. 6. — On the first Saturday in July, 1904, and 
each fourth year thereafter, the qualified electors of each 
public school district shall meet at the district public 
school house and elect from among the freeholders and 
householders who can read and write, residing in such 
districts, a local board of three district trustees whose 
duty shall be as hereinafter provided. Such district 
trustees shall hold office for the term of four vears from 



the time of their election, and until their successors are 
elected and qualified. 

Sec. 7. — The trustees provided for in the last preced- 
ing section shall within ten days after their election meet 
at the public school district school house, or some place 
more convenient to all concerned, and shall organize, by 
electing one of their number, chairman and another sec- 
retary. 

Sec. 8. — The District Trustees shall, during the month 
of August, 1904, and in every even numbered year there- 
after, make an enumeration of all the children within 
school age in their respective districts in accordance with 
the requirements of section 3573 of the Code of 1896, 
and report the same as herein provided to the County 
Superintendent of Education, who also shall, by the loth 
day of said month, make a written report of such enu- 
meration by numbered districts to the State Superin- 
tendent of Education, and it shall be the duty of the 
County Superinftendent of Education to enumerate or 
cause to be enumerated all the children of school age in 
any township or townships in his county in which the 
sixteenth section interest exceeds the amount of per 
capita apportionment from the general fund, and report 
the same to the office of the State Superintendent of 
Education. 

Sec. 9. — It shall be the duty of the said District Trus- 
tees to care for all school property, employ teachers for 
their school districts, such employment to be subject 
to the approval of the County Board of Education, to 
visit the schools v/ithin their respectice districts, observe 
the management of the same, to make quarterly reports 
of the condition of such school to the County Superin- 
tendent of Education and to perform such other duties 
as° may be required by the County Board of Education 
hereinafter provided for. 

Sec. 10. — The chairman of the several Boards of Dis- 
trict Trustees shall meet at the court house in their re- 
spective counties in the second Saturday in August after 
their election and everv four years thereafter, and shall 
elect four County School trustees, who shall hold 
office for the term of four years from the date of their 



85 

election aud until their successors are elected and quali- 
fied. Before entering upon the duties of office, they 
shall take the oath of office prescribed by the Constitu- 
tion of the State. The County Superintendent of Educa- 
tion and said four County Trustees shall constitute the 
County Board of Education within their respective coun- 
ties. The County Superintendent of Education shall be 
the Chief Executive Officer of said County Boards of Ed- 
ucation, and shall see that all the rules, regulations and 
orders of said County Boards are enforced; provided, 
however, that no County Trustee shall, during his term 
of office, be eligible to election as a District Trustee. 

Sec. 11. — That said County Board of Education shall 
have entire control of the public schools within their re- 
spective counties, unless otherwise provided by law. They 
shall make rules and regulations for the government of 
the schools, see that teachers perform their duties, and 
exercise such powers, consistent with the law, as in their 
judgment will best subserve the cause of education. The 
said Board shall have the right to acquire, purchase, 
lease, receive, hold, transmit and convey the title to real 
and personal property for school purposes. Said board 
of education shall by and in the name of the County 
Board of Education sue and be sued, contract and be 
eontracted with; all contracts to be made after resolu- 
tion adopted by said Board and spread on its minutes 
and signed by the President and Secretary, and all pro- 
cess slmll be executed on the Secretary of said Board. 

Sec. 12. — Whenever there shall have been established 
in any school district, a system of graded schools free 
to the children of school age, within such district for a 
period of not less than eight months in each year, the 
electors of such districts may increase the number of the 
District Trustees to five and assume entire control of the 
public schools therein ; provided, the trustees of such dis- 
tricts shall make all reports required by law to the 
County Board of Education. 

Sec. 13. — Each member of the County Redistricting 
Boards named in section two of this act shall receive two 
dollars a day for each day in which he is actually em- 
ployed in forming school districts under this act to hf 



86 

paid out of the County Treasury upon the written re- 
quisition of the President and Secretary of such Board; 
provided, that no member of said board shall receive pay 
for more than fifteen days, and provided, further, that 
the County Superintendent of Education shall receive 
no pay for serving on said board. 

Sec. 14. — Each of the four members of the County 
Board of Education, provided for in Section 10 of this 
act shall receive from the public school funds of the 
county, to be disbursed by the County Superintendent of 
Education two dollars a day for each day's work de- 
voted by him to the public schools; provided, he shall 
not receive pa}' for more than ten days in any one year. 
The County Superintendent of Education shall apjK:»r- 
tion among the several sciiool districts the amouni of 
compensation to be paid to the members of the County 
Board of Education and account for the same in like- 
manner as provided for the compensation paid to te^icli- 
ers in such districts. 

Sec. 15. — The County Superintendents of Education 
shall receive and, by and with the advice and consent of 
the County Board of Education and under its direction 
shall disburse all moneys appropriated and provided '^y 
law, or that may hereafter be provided for by law, either 
general or special, for the support of any and all public 
schools within their respective counties. For their cr>ii> 
pensation, they shall receive four per centum on all State 
public moneys legally disbursed by them, not to exc; '^d 
the sum of eighteen hundred dollars for any calendar 
year. For all monej^s received and disbursed by tliem, 
rlie Count}^ Superintendents shall account to tlie State 
Superintendent of Education, as now provided by law. 

Sec. 16. — The lines ancL boundaries of any school dis- 
trict may be changed by a vote of a majority of the 
County Board of Education, thirt.y days after due notice 
shall have been given by such board to the school trus- 
tees, and the people in the territory to be affected by the 
ciumge and such change maj^ add to or take from any 
district composed of an incorporated city or town such 
contiguous territory as such board may deem best; no- 
lice of the proposed change being given by three weekly 



87 

publications in a newspaper publislied in said county, 
and in three public places by posting notices. 

Sec. 17. — That any vacancy on the County Board of 
Education or on any District Board of Trustees, shall e 
tilled for the unexpired term by the remaining members 
on said Board of Education or Board of Trustees as tlie 
case may be. 

Sec. 18. — This bill shall not be held to affect ariy 
scbool contract or the conduct, management and control 
ot public schools during the school year ending Septem- 
ber 3f)th, 1904. 

Sec. 19. — The provisions of this act shall not apply 
tc any county lieretofore districted by law and which has 
a special levy from the county for the support of the 
l)iiblic schools or to school districts heretofore estab- 
lished by law. 

Sec. 20.- — That each incorporated city or town in the 
State is hereby created a separate school district. Tn all 
liiunicipalities where there is a Board of Education the 
Poard shall have full charge and control of such sepa- 
rate school districts and shall have and exercise all the 
powers and authority conferred by law upon township 
trustees. In municipalities where there is no such Board 
of Education, the powers and duties of Trustees shall de- 
volve upon and be performed by the Mayor and Board 
of Aldermen, and all funds due such separate school 
districts shall be paid directly by the State Superintend- 
ent of Education to the Board of Education of such sep- 
arate scliool districts, or to the Mayor and Board of Ald- 
ermen where there is no such Board of Education, and 
provided that nothing in this act contained shall be con- 
strued as in conflict with section 12 of this act. 

Approved September 30, 1903. 



No. 298.) AN ACT (H. 498. 

To resTilate all school districts affected bv the creation 
of Tiew counties or the change of county lines and 
to provide for the election of trustees therein. 



Section 1. — Be it enacted by the Legislature of Ala- 
bama, That any school district, which by the creation of 
new counties or the change of county lines, shall lie in 
two or more counties, shall in no wise be repealed by the 
creation of said new counties or the change of county 
lines. 

Section 2. — That the Superintendent of the counties 
in which said school districts shall lie, shall pay over to 
the treasurer of said school boards in said school dis- 
tricts, all the funds of money coming into their hands 
due said school dictricts. 

Section 3. — That the trustees of a school district which 
is placed in two or more counties by the creation of new 
counties or the change of county lines shall be appointed 
by the superintendent of education of the county in 
which a majority of the children within the school age 
of said school reside. 

Section 8. — That all parts of laws of said school dis- 
tricts, which, by the creation of new counties or the 
change of county lines, lie in two (2) or more counties, 
which arel in conflict with the provisions of this act are 
hereby repealed. 

Approved September 26, 1903. 



No. 233.) SENATE JOINT RESOLUTION. (S. J. R. 

Whereas, by an act of the 38th Congress of the United 
States each State is invited to place in the National Stat- 
uary Hall at Washington, D. C, the memorial statues 
of two citizens of such State who may be disting-uished 
for exalted and patriotic service, therefore, Be it re- 
solved by the Senate of the Legislature of Alabama, the 
House of Representatives concurring, that the long and 
distinguished labors of the educator Jabez Lamar Mon- 
roe Curry shall be accorded this tribute of affectionate 
regard and that his name shall be and is hereby for- 
mally designated for grateful commemoration bv the 
erection of a statute of marble or bronze in the said Na- 



89 

tional Statuary Hall. Resolved further, that the Gov- 
ernor of this {State shall be and is hereby empowered 
to take the necessary steps to carry this resolution into 
effect. 

Filed in ofiflce, Sept. 29, 1903. 
J. Thos, Heflin, Secretary of State. 

(This resolution became a law under Section 125 of 
the Constitution of 1901, having been held by the Gover- 
nor beyond the time limit. ) 



No. 143.) AN ACT. (H. 407. 

To validate, ratify and confirm the election of all Coun- 
ty commissioners, and Boards of Revenue, and 
all county superintendents of education who were 
elected to such offices in the several counties of 
this State at the general election for State officers, 
and Congress members, held on the first Tuesday 
in November, 1902. Whereas, at the General 
election for State offcers, and Congress members, 
held in this State on the first Tuesday in Novem- 
ber, 1902, there were also chosen and elected in 
many of the counties of the State, county commis- 
sioners and boards of revenue and county superin- 
tendents of education, and whereas, it is a ques- 
tion of very grave doubt as to whether the law 
provided for and authorized the election of such 
county commissioners! and boards of revenue and 
county superintendents at said election, and as 
to the legality of the election of such county com- 
missioners, and boards of revenue and county su- 
perintendents of education, at said election, and, 
whereas, it isi expedient that all doubt be remov- 
ed as to the right of such county commissioners, 
and boards of revenue and county supei'intendents 
of education to hold and exercise the duties of 
their respective offices. 

Section 1. — Be it enacted hy the Legislature of Ala- 
hmna. That the election of all countv commissioners, and 



boards of revenue, and county superintendents of edu- 
cation, wlio were elected to sucli offices in the several 
counties in the State, at the election for State onicers 
antl congress members, held on the first Tuesday in No- 
vember, 1902, be and the same hereby is validated, con- 
firuied, ratified, and approved, and made to be as bind- 
ing and to have the same force and effect as if the elec- 
tion of such county commissioners!, and boards of reve- 
nue, and county superintendents of education had been 
fully provided and authorized by law, at the time of 
their said election on the first Tuesday in November, 
1902. 

Section 2. — That all laws and parts of laws in con- 
flict with the provisions of this act be and the same are 
hereby repealed. 

Approved March 5, 1903. 



No. 539.) AN ACT (H. 651. 

To empower piunicipal corporations to purchase school 
property and maintain public schools. 

Be it enacted by the Legislature of the IState of Alabama. 

Section 1. — That all municipal corporations in this 
State are hereby empowered to purchase school prop- 
erty, or to purchase lots and erect school buildings there- 
on for the use and benefit of the citizens of their respec- 
tive towns and cities. 

Section 2.- — ^That for said purpose the town council or 
board of aldermen may levy a tax of not exceeding one- 
fourth of one per cent, provided that the city or town 
tax shall not exceed one-half of one per cent, for all pur- 
poses, including said school tax. 

Section 3. — That the town council or board of alder- 
men are hereby empowered to purchase school property 
from time to time for the maintenance and improvement 
of such school property and the maintenance of public 
s^cliools therein within the limits hereinbefore prescribed. 

Section 4. — That any purchase of school property 



under the power herein granted shall only be made by 
the unanimous vote of the town council or board of al- 
dermen of such town or city, and approved by tlie may- 
or and upon a two-thirds vote of the voters of said town 
voting on said proposition at a special election held for 
that purpose after giving at least ten days notice of said 
election. 

Approved Oct. 6, 1903 . 



No. 230.) AN ACT (H. 2Si\. 

To provide for the sale of Sixteenth section lands, which 
contain or are believed to contain minerals. 

Be it enacted hy the Legislature of Alabama: 

Section 1. — That the township trustee or trus- 
tees of any township may, with the approval of 
the State Superintendent of Education, as herein- 
after provided, sell any siixteenth section school 
lands of their respective townships, which con- 
tain, or are believed to contain minerals, in the 
following manner: Upon the request of three or more 
inhabitants of such township the township trustee or 
trustees shall hold an election to ascertain whether the 
lands of such township shall be sold j such election shall 
be under the control and supervision of the township 
trustees or trustee, and shall be held after ten days 
notice has been given thereof by posting notices at three 
public places in the township. If in such election a ma- 
jority of the qualified electors of such township who are 
the parents of children attending the public schools of 
such township vote for a sale of such lands, such town- 
ship trustee or trustees shall cause to be published once a 
week for three successive weeks, in some newspaper pub- 
lished in the county where snch lands are situated, a 
notice that sealed bids will be received by said trustee 
or trustees at a time and place specified in such notice, 
from the persons desiring to purchase all or any part of 
such lands of such township. And such trustee or trus- 



92 

tees shall, at the time and place named in said notice, 
receive sealed bids of all persons who may desire to pur- 
chase any of such lands. Such bids shail state whetlier 
the bidder desires to purchase all or a part of such lands, 
the price he proposes to pay for the same, how much, if 
any, of such purchase money is. to be paid in cash, and 
the security he proposes to give for any unpaid purchase 
money, the rate of interest such unpaid purchase money 
shall bear, and the time and installments, if any, such 
unpaid purchase money shall be paid in: and if such 
lands have been previously leased, such bids may be for 
the rent as well as for the reversion of such land; and 
such bids may contain any other proposal with reference 
to the purchase of such lands and the security to be given 
for unpaid purchase money. If such trustee or trustees 
approve any of such bids, the same shall be by them or 
him forwarded to the State Superintendent of Educa- 
tion. If such bid is approved by the State Superintend- 
ent of Education, he shall mark it approved. If disap- 
proved by him, he shall mark it disapproved; and in 
either event, he shall file it with the records in his office. 
In the event of the approval of such bid by the Superin- 
tendent of Education, the bidder shall execute his obli- 
gation or obligations with two sureties to be approved 
by the Superintendent of Education, for the unpaid pur- 
chase money of such lands and the interest thereon, 
which obligation or obligations shall be payable 
to the township in which such lands are situ- 
ated and which shall be kept by the Superin- 
tendent of Education. The bidder shall also pay any 
cash provided by his bid to be paid in cash, and thereup- 
on the Superintendent of Education shall issue to such 
purchaser a certificate of purchase which shall describe 
the land sold, and shall fully set forth the price, terms 
and conditions of the sale as set forth in the accepted 
bid; such certificate shall be prima facie evidence that 
all the prerequisites to a valid sale of such lands have 
been complied with. If default is made in the payment 
of any installments, interest or principal agreed to be 
paid by such purchaser, and such default continues for 
one vear or more, all title to the land sold shall revest 



93 

absolutely in such township. Upon payment in full of 
the purchase money with any interest agreed to be paid, 
there shall issue to such purchaser a patent to be signed 
by the Governor and attested by the Secretary of State, 
which shall be conclusive evidence that all title to the 
lands therein described has vested in the purchaser 
named therein. In the event of the abolition by law of 
the offi(^e of townsihip trustee the duties herein provided 
to be performed by them shall be performed by the 
County Superintendent of Education. 

Section 2. — That all purchase money for such lands, 
cash, and deferred, and all interest or such unpaid pur- 
chase money, shall be paid to the Superintendent of Edu- 
cation, b}'^ whom it shall be reported to the Auditor and 
paid into the State Treasury. And the principal of all 
such purchase money paid into the State Treasury and 
any money paid as a sinking fund shall bear interest in 
the same manner as other school funds in the treasury 
bear interest, and shall be used exclusively for the pub- 
lic schools of the township to which said lands belong. 
And all interest paid annually or oftener by the purchas- 
er on the deferred payments of purchase money, shall 
not, after being paid into the State Treasury, bear in- 
terest, but shall be annually apportioned to and used 
exclusively in the maintenance of the public schools of 
such township. 

Section 3. — That for their services in connection with 
any sale made under the provisions of this act, the town- 
ship trustees or trustee shall receive one-half of one per 
cent, of the amount of the purchase price named in any 
accepted bid, which shall be paid to such trustees or trus- 
tee by the Superintendent of Education out of the first 
payment of the principal of such purchase money re- 
ceived by him. 

Section 4. — That all laws and parts of laws, general 
and local, in conflict here^^ ith be and the same are here- 
by repealed. 
'Approved Sept 22, lfl03. 



94 



No. 137.) AN ACT (S. 83. 

To amend Section 3562 of the Code of Alabama. 

Section 1. — Be it enacted hy the Legislature of Ala- 
bama, That Section 3502 of the Code of Alabama be 
amended so as to read as follows : The trustees in each 
township shall annually on the first Monday in Septen 
ber or within seven days thereafter, call a meeting of 
the parents and guardians of the children of their town- 
ship within the educational age, and at such meetiUj^ 
they shall in consultation with such parents and gua.*- 
dians, and Avith a view to subserve their wishes, inter- 
ests and convenience transact the following" business : 1. 
They shall determine the number of schools which shall 
be established in their township for the current scholas- 
tic year, and shall designate the same by number. 2. 
They shall fix the location of each school, the time of its 
opening, and the length of the session, which shall not 
be for a less term than is provided by law. 3. They 
shall, when they establish the schools in their township, 
apportion to each school so established, such an amount 
of the public school revenue apportioned to the town- 
ship for the current scholastic year as they may deem 
just and equitable and for the equal benefit of the 
children thereof of school age 

Sec. 2. — They shall determine the number and what 
children shall be transferred from their districts to the 
school of other districts, and to what district transfer- 
red, during the scholastic year, and shall set apart such 
an amount of the money apportioned to their district 
to pay for such transferred children as they may deem 
just and equitable, and if it should be deemed imprac- 
ticable to establish in any district a public school for 
the children of either race, on account of the want of a 
sufficient number of such race living within a reasonable 
distance, they shall determine whether any of such child - 
fen can be transferred conveniently to a public school 
in another district, and those that cannot be .so trans- 



95 

ferred, and that have actually attended some school in 
this State for the time during which the public schools 
were kept open for the current scholastic year, shall be 
entitled to the benefits of the amounts) apportioned to 
their district; and they shall determine the amount to 
which each of such children shall be entitled, and the 
same shall be paid by the County Superintendent of 
Education to the parent or guardian of such child, for 
which a receipt shall be taken as in case of payments to 
teachers. 5. In those townships in which less than the 
requisite number of children of school age reside, it 
shall be the duty of the township trustees to arrange for 
the teaching of such children in such manner as they 
may deem, proper and just, subject to the approval of 
the County Superintendent of Education, and to pay for 
the tuition of such children in the manner prescribed 
by law out of the school funds apportioned to such 
township. 6. Such other business as may be necessary 
to carry out the provisions of the law, which shall in- 
clude the election of teachers. 
Approved March 4, 1903. 



97 



INDEX. 



Agriculture, teachiug of, in places of 500 popula- 
tion and over, provided for 78 

Benefits under act providing for sale of 16th sec- 
tion lands containing or supposed to con- 
tain minerals 91 

Curry, Jabez Lamar Monroe, memorial statue of, 

in Statuarj^ Hall in Washington, D. C . . . . 88 
Districts in new counties, provision for regulation 

of \ 87 

District Agricultural Schools, boards of control of, 

how constituted, etc 77 

Elections to levy special tax for support of, pro- 
vided for^ 79 

Election of County Commissioners, Boards of Rev- 
enue, and County Superintendents of Edu- 
cation elected on first Tuesday in Novem- 
ber, 1902, ratified and confirmed 87 

Establishment of, in townships, and provisions 
for regulation thereof by trustees under 

Sec. 3562, Code, as amended 94 

Examination law 41 

Form of 16th Section note 57 

Form of certificate of purchase 16th section land. . 58 
Form for report of sale State 16th section land .... 58 

Form for 16th section bond 59 

Form of lease 16th section lands 60 

Instructions regarding Examination law 51 

Law fixing minimum term 55 

Law requiring Normal graduates to procure certi-. . 

ficates 56 

Law amending Sec. 3602 of Code 56 

Municipalities authorized to levy special tax for 
purchase of property for, and maintenance 
of ' 90 



98 

Normal, two extra periods of examination for ap- 
plicants to teach, provided for 78 

Pay rolls and payment of teachers, under Sees. 

Sees. 3610 and 3612, Code, as amended 95 

Kedistriction of, provision for 82 

Rules of State Board of Examiners 48 

State Text Book Commission created in interest 

of, and provisions as to 62 

Summer School for teachers, at University of Ala- 
bama 75 



General Provisions. 

SECTION. 

Appropriation for public schools 3539 

Appropriations when, accrue, and placed to credit 

of educational fund 3540 

General designation of officers for administration 

of public schools 3541 

Normal Schools ; amount for support of, set apart 

out of educational fund 3602 

Public Schools; appropriation for 3559 

Officers for administration of, gen- 
eral designation of 3541 

Scholastic periods what, are 3598 

School fund; when appropriations accrue, and 

placed to the credit of 3540 

SUPERINTENDENT OF EDUCATION. 

Alcoholic drinks, etc., shall make provisions for 
instructing people as to effect of, upon hu- 
man system Subd. 3 3546 

Biennial reports to be made by, to governor ; con- 
tents of 3547 

printed and distributed 3548 

Bond of ; by whom approved, etc. ; where filed . . 3543 
Books of county superintendent subject to exami- 
nation by superintendent 3558 



Clerks, authorized to employ; salaries of 3545 

Constitution, iState and Federal, shall make pro- 
visions for instructing pupilsi in — Subd. 4 3546 

Count}' Superintendent, may remove, when 3551 

require new or addition- 
al bond of; effect of no- 
tice to give 3554 

fixes and approves bond 

of 3552 3553 

County Superintendent, shall fill vacancy in office 

of ; term of appointee . . . 3559 
books and accounts of, 
subject to examination . 

by 3558 

Duties of, generally 3546 

as to apportionment and disbursement of 

school funds 3601-3()23 

and powers of, as to sale and lease of 

school indemnity lands 2661-3666 

Enumeration, new, of children, when may order; 

expense of, how paid 3574 

Fixes amount of, and approves bond of county 

superintendents 3552, 3553 

Hygiene and physiology, shall make provisions 

for instructing pupils in, etc., Subd. 3. . . . 3546 

May remove county superintendent, when 3551 

require new or additional bond of county 

superintendent 3554 

effect of notice to give 3554 

Oath of office ' 3543 

Office, books, papers and records 3544 

Patent, when certificate by, necessary to issue of, 

for school lands 3654 

Salary of ' .• . 3542 

School fund, duties as to apportionment and dis- 
bursement of 3601-3623 

indemnity lands, duty and powers as to 

sale and lease of 3661-3666 

Shall fill vacancies in office of county superin- 
tendent * 3559 

Term of office of 3542 



100 

Vacancy in office of, filled, by governor; lenu of 

appointee 3549 

county superintendent filled by superin- 
tendent 3559 

COUNTY SUPERINTENDENT. 

Annual report, etc, required to make. . . . Subd. 6, 3556 

forfeiture for failure to make 3557 

Appeal from township trustees for each town- 
ship or other school district 3560 

members of county board of education. . . . 3583 

Apportions funds unused for two years ; report of 3619 

Approves contract with teachers 3569 

Board of Education, county, president of 3583 

members of, appointed by. . . . 3583 

Bond of; amount fixed by superintendent of edu- 
cation ; conditions, etc 3552 

approval, filing and record of 3553 

new or additional, may be required; effect 

of notice to give 3554 

Books and accounts of, may be examined by su- 
perintendent of education, etc 3558 

Compensation of, when may be used by, etc .... 3555 

County board of education, president of 3583 

members of, appointed by 3583 

Decision on appeal from township trustees final 3565' 

Duties of, generally 3556 

as to bonds of township trustees, when 

lands about to be sold or leased 3659 

making pay-rolls, paying teachers, etc .3610-3616 

Election of, unless special act for appointment. . 3550 
term of office; superintendent of education 

may remove, etc . 3551 

Enumeration of children; must report, to super- 
intendent of education, when 3573 

Funds unused for two years apportioned by; re- 
ports of 3619 

Must make to superintendent of education report 

of enumeration 3573 

Oath of office aud bond 3552 



101 

Penalty for failing to make pay-rolls, sign receipts 

or pay teachers 3616 

President of county board of education 3583 

teachers' institutes 3591 

Teachers, approves contracts with 3569 

institutes, president of 3591 

Term of office of ; may be removed by superintend- 
ent of education, when 3551 

Township trustees ; appoints three for each town- 
ship or other school district 3560 
decision on appeal from, final 3565 
duty as to bonds of, when 
lands about to be sold or 

leased by 3659 

Vacancies in office of; liow filled; term of ap- 
pointees 3559 



TOWNSHIP TRUSTEES. 

Appointment of three, for each township or dis- 
trict by county superintendent; term .... 3560 
Bonds must be given by, when school lands about 

to be sold or leased 3659 

Compensation of, for holding election and making- 
sale of lands; penalty for certain defaults 3650 
Contract Avith teachers; contract for transferred 

pupils 3569 

Duties and powers of, as to lease and sale of 

school lands 3625-3660 

Each district under management of, as to matters 

connected with public schools 3594 

Employing teachers and opening schools, rules in 

reference to 3568 

Enumeration, must make, of children within edu- 
cational age; when. 3573 
report of, to county su- 
perintendent ; when . 3573 
county superintendent must report, 

to superintendent; when 3573 



102 

enumeration, new, may be ordered by superin- 
tendent, whem; expense of; how 

paid 3574 

Exempt from road and jury duty, and from poll- 
tax 3575 

Have supervision of, and power to establish pub- 
lic schools 3561 

Jury duty, exempt from 357& 

Local school funds, have charge of apportionment 

and expenditure of; exception 3017 

Location of school when only one in a township; 
how located ; change of loca- 
tion 3566 

and employment of teachers, to 

what regard must be had in 3567 
May be removed from offlce by county superin- 
tendent Subd. 7. 3556 

Meetings with parents and guardians; business 

transacted thereat 3562 

report to county superintendent number 
and location of schools, etc., within 

ten days after such 3563 

notice and duration of; effect of failure 

to attend 3564 

appeal to county superintendent from 

decision of trusteesi at such 3565 

Must visit schools in their district at. least once 

during each scholastic year 3570 

Penalty for certain defaults in reference to sale of 

school lands 3650 

Poll-tax, exempt from 3575 

Road duty, exempt from 3575 

School lands, must report income from sale or 

lease of 3634 

duties and powers as to lease and 

sale of 3625-3660 

compensation for holding election 

and making sale of 3650 

Teachers, to what regard must he had in locating 

schools and employing 3567 

employing, and opening schools, rules 

in reference to 3568- 



103 

execution of contracts with ; contract for 

transferred pupils 3569 

may remove, but must pay for time 

taught 3571 

must require, to register daily attend- 
ance of pupils 3572 

Transferred pupilsi, must contract with teachers 

for 3569 

Vacancies in office of, filled by county superin- 
tendent Subd. 9 3556 



PUBLIC SCHOOLS. 

Attendance of pupils to be registered 3572, 3580 

Board of education; how constituted; vacancies; 

by whom filled 3583 

meetings of 3584 

power to cancel licenses; 

cause for cancellation . . . 3588 
Child to attend but one public school, etc., except 

by consent, etc 3596 

when non-resident, entitled to school privi- 
leges 3597 

Contracts for, invalid, when 3606 

Location of, when but one in township; how lo- 
cated; change of location 3566 

to what regard must be had in .... 3567 

meeting asi to, number, etc., of schools 3562 
Must be visited at least once during scholastic 

year by trustees 3570 

separate schools for the two races 3600 

Non-resident, when, entitled to school privileges 3597 

Opening schools, rules in reference to 3568 

Pupils enlisted to instruction in 3595 

attendance of, to be registered 3572, 3580 

child to attend but one, except by consent, 

etc '. 3596 

when non-resident, entitled to school privi- 
leges 3597 



104 

public exaiminations and certiflcates to . . 3599 
must be instracted as to the nature of alco- 
holic drinks and narcotics 3578 
in state and federal con- 
stitutions Subd. 4, 3546 

Rules in reference to opening schools 3568 

Scholastic periods, what are 3598 

School districts; establishment and supervision 

of; capacity to hold property 3594 

Teachers; shall instruct as to nature of alcoholic 
drinks and narcotics and their 

effects, etc 3578 

how long certificates to, are valid 3579 

register of attendance of pupils to be 

kept by and submitted, etc 3580 

must make quarterly reports to county 

superlntendeiit ; contents of, etc 3581 

not entitled to compensation until re- 
ports made 3581 

to be paid quarterly and receipts taken 

. ' 3582, 3612 

when paid monthlj^ 3614 

to what regard must be had in employ- 
ing .' . 3567 

rules in reference to employing 3568 

execution of contracts with ; contract for 

transferred pupils 3569 

removal of, by trustees; payment for 

time taught 3571 

must keep register of daily attendance of 

pupils 3572 

cause for cancellation of license to teach 3588 
Teachers' institutes ; duty of board of education 

to organize 3590 

officers and members of; no 
/ imposed without consent. . 3591 

Teachers' Institutas ; meeting of ; address ; attend- 
ance, etc .... 3592 
business of ... . 3593 
To be established by, and be under supervision of 

township trustees 3561 



105 

what regard must be had in locating 3567 

Two races, separate schools for the 3600 



SCHOOL FUNDS, APPORTIONMENT AND DIS- 
BURSEMENT OF. 

Apportionment ; basis of, and how made 3605 

to be recorded and certified to 

county superintendents .... 3606 
and expenditure of local school 

money 3617 

, of income from trust fund when 

towsnip divided 8618 

Auditor certifies amount of money to credit of 

educational fund 3601 

amount certified by, to be apportioned by 
superintendent, drawn and disbursed, 

etc 3601 

amount apportioned certified to; no war- 
rant drawn in excess; balance unappor- 

tioned certificate to treasurer 3603 

Auditor, amount due each county apportioned 

and certified to 3609 

shall draw warrant in favor of county 

superintendent 3611 

file said warrant and pay roll with 

the treasurer 3611 

must prepare blank pay rolls, receipts, 

etc 3613 

Ccmtingent expenses and amount for normal 
schools set apart, residue appor- 
tioned 3602 

fund for department of education .... 3622 
unexpended part of, credited to 

next year 3623 

Each county receives poll-tax collected therein, 

and no more 3607 

township and race entitled to its poll-tax ; re- 
port as to 3608 



106 

Fund, what, first set apart; effect of apportion- 
ment 3604 

once apportioned, not used for other pur- 
poses until reapportioned 3620 

unused for two years, apportioned by 

county superintendent 3619 

what part of income of townships new dis- 
tricts are entitled to 3G21 

Local school money, apoortionment and expendi- 
ture of 3617 

New districts, what part of income of townships, 

entitled to 3621 

Pay rolls, county suijerintendents shall make 

quarterly 3610 

duplicate, to be forwarded to superin- 
tendent 3610 

if correct, approved and 

filed with auditor 3610 

auditor shall draw warrant for amount 
of, in favor of county super- 
intendent 3611 

must file warrant and, with 

treasurer 3611 

treasurer must forward money, pay 

roll and duplicate receipts, etc 3611 

teachers paid, and duplicate pay rolls 

to be signed by 3612 

duplicate, returned toi superintendent 3612 
auditor must prepare blank, receipts, 

etc 3613 

when teachers paid monthly, duty of 

county superintendents as to 3614 

if any balance in hands of county su- 
perintendent deducted from next 

quarterly 3615 

county superintendent failing to make, 
sign receipts, or to pay teachers, 
etc., must be removed from office. . 3616 
Poll tax, each county receives, collected therein, 

no more 3607 

toAvnship and race entitled to its; 

report as to 360S 



107 

State treasurer, duty of, as to forwarding money, 

etc., to county superintendent 3611 

Teachers, payment of; when made; manner of 

taking receipts, etc 3612 

when paid monthly; duty of county 

county superintendent! 3614 

Township divided, apportionment of income from 

trust fund when 361S 



SCHOOL LANDS. 

Past-due Dotes to be placed in hands of, etc 3655 

for indemnity school lands placed 

hands of, when 3663 

Apportionment of agents, etc., by 3656 

Bonds required of trustes when lands' about to be 

sold or leased 3959 

Olerk of court to certify certain facts, etc., to su- 
perintendent of education; penalty for 

failure 3949 

Collection of notes for purchase money of ... . 3655-3657 
Compensation of township trustees f or holding 

election for, and sale of 3650 

Costs not to be taxed against township when no 

money recovered, etc 3649 

Definition as to what are school lands, and in 

whom vested 3625 

Election as to sale of 3635 

oath of inspector of 3636 

if inspector absent, how place supplied . . 3637 
polls to be opened and closed at what 

hours 3638 

manner of voting at 3639 

if majority for sale, survey made, and 

minimum price fixed 3640 

plat of lands with minimum price marked 

to be kept for inspection 3641 

Faith and credit of State pledged for payment of 

interest on school fund, etc Sn.'^S 



108 

Pines under provisions! of sections 3649 and 3650 

go to school fund 365] 

Incorporation of townships 3624 

Indemnity school lands, sale of, authorized 3661 

manner and terms of 

sale of 3664 

proceeds of sale of; how 

disposed of 3662 

notes taken by superin- 

dentent, etc 3663 

when, turned ovelr to 
attorney general .... 3663 
lease of, provisions as to. . . . 3665 
what provisions as to 
trespass, resale, etc., 

applicable 3666 

Issue of patents ; correction of mistakes, etc. . . 3652-3654 
Other lands may be leased; terms; rent; notice; 

duties of lessee, etc 3627-3630 

Patent, when to be issued 3652 

issue of, bv secretary of state; correction 

'of mistakes 3653 

in other cases; certificate of su- 
perintendent necessary, etc. . . . 3654 
Penalty against clerk of court for failure to certify 

certain facts, etc 3649 

township trustes for certain de- 
faults relative to sales, etc .... 3650 

for injury to timber on 3632, 3633 

Plat of, with minimum price marked, etc., to be 

kept open for inspection 3641 

Proceeds of sale of, tO' be covered into state treas- 
ury 3658 

faith and credit of state pledged 

for payment of interest on. . 3658 
Provisions of article as to sale of, directory .... 3644 
what, applicable to trespass on, resale, 

etc., of indemnity lands 3666 

Purchase money, collection of notesi for 3655-3657, 3663 

Report of income from leasing or renting 3634 

Resale of ; when may be made 3646 



10^ 

Revesting- of title; clerk to certify facts j penalty 

for failurs ; costs 3649 

Sale of, election for 3635-3639 

if majority for, survey made and mini^ 

mum price fixed 3640 

j)lat with minimum price marked, etc., 

to be kept free to inspection 3641 

notice of 3642 

at public auction; terms of 3643 

provisions as to, directory 3644 

report of ; disposition of purchase money 

notes . 3645 

resale, when 3646 

certificate of purchase 3647 

effect and operation of 3648 

revesting of title, etc 3649 

compensation to township trustees for 

making ; penalty for defaults 3650 

proceeds of, covered into state treasury 3658 
bond required of trustees when, or lease 

about to be made 3659 

Sale of, by whom, duties as to, etc., performed 

when township divided 3660 

school indemnity lands, authorized .... 3661 

proceeds of; how 

disposed of ... 3662 
notes taken by 
superintend- 
dent of ed- 
ucation 3663 

when to be 
placed 
with attor- 
n e y g e n- 

eral . 3663 
manner and 

terms of 3664 

School indemnity lands, lease of 3665 

provisions ap- 
plicable to . . 3666 
Secretary of State ; issue of patent by ; correction 

of mistake . 3653 



no 

^tate, faith and credit of, pledged for pa^aiient of 

interest on school fund 3658 

Timber lots reserved 3626 

how used 3631 

penalty for injury to timber on . .3632, 3633 

Township, incorporation of 3624 

credited wi'h collections on notes given 

for sal- of 3657 

when, divided, by whom duties as to 

lands performed 3660 

trustees, compensation of, for making 

sale, etc 3650 

Trustees, township, compensation of, for making 

sale, etc 3650 

PAGE. 

Examination law 45-51 

Kules of State Board of Examiners 53-55 

Instructions Regarding Examination law 56-60 

Law fixing minimum term 61 

Law re(i|uiring Normal graduates to procure certi- 
ficates 62 

Law amending Sec. 3602 of Code 62 

Form for 16th section note 63 

certificate of purchase 16th section land 64 

Form for report of sale State 16th section land. . 64-65 

Form for 16th section bond 65-66 

lease 16th section lands 66 



LEFe '09 



